STIPULATION AND [PROPOSED ] ORDER OF DISMISSAL WITHOUT PREJUDICE
CHARLES BREYER, District JudgePage 2
Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Intuit Inc. ("Intuit") and Defendant HR Block Inc. ("HR Block"), through their respective counsel of record, as follows:
1. All claims in Intuit's Complaint against HR Block are hereby dismissed without prejudice, but Intuit shall not initiate another declaratory judgment action against HR Block in California based upon the same facts asserted in this action.
2. Nothing herein shall affect any party's ability to proceed with any claim or defense in case no. 06-0039-CV-W-SOW, HR Block Eastern Enterprises, Inc. et al v. Intuit Inc., currently pending in the United States District Court for the Western District of Missouri.
3. Each party shall bear its own costs and attorneys' fees in connection with the prosecution and defense of this Northern District of California action, Case No. CV 06-00216.
IT IS SO ORDERED.