STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AND WITHDRAWAL OF ALL PENDING MOTIONS
RICARDO S. MARTINEZ, District Judge.
Plaintiff Robert Kenny ("Plaintiff") and Defendants Pacific Investment Management Company LLC and PIMCO Investments LLC (collectively, "Defendants"), through their undersigned counsel of record, hereby stipulate and agree as follows:
The parties hereby withdraw from the Court's consideration their pending cross-motions for summary judgment and all briefing, declarations, exhibits, and supporting materials offered in support thereof. For the avoidance of doubt, pursuant to LCR 5(g)(6), in light of their withdrawal, the parties request that material currently filed under seal remain sealed. The docket entries withdrawn from consideration are ECF Nos. 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 165, 169, 177, 178, 179, 180, 181, 185, 187, 188, 189, 192, 193, 194, 195, 196, 198, 199, 202, 203, 204, 205, 207, 208, 211, and 231.
The parties further stipulate and agree that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this action should be, and hereby is, dismissed with prejudice and without costs awarded by the Court to any party.
Although the parties agree that this stipulation of dismissal is effective "without a court order," Fed. R. Civ. P. 41(a)(1)(A), a proposed Order is enclosed in light of the parties' withdrawal of their cross-motions for summary judgment.
ORDER
Pursuant to stipulation by the parties, and for good cause shown:
1. The parties' pending cross-motions for summary judgment and all briefing, declarations, exhibits, and supporting materials offered in support thereof are hereby WITHDRAWN from consideration, including ECF Nos. 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 165, 169, 177, 178, 179, 180, 181, 185, 187, 188, 189, 192, 193, 194, 195, 196, 198, 199, 202, 203, 204, 205, 207, 208, 211, and 231.
2. Any material referenced in paragraph (1) that was filed under seal shall REMAIN SEALED and shall not be unsealed.
3. The case is DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
IT IS SO ORDERED.
