Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BILTMORE ASSOCIATES, as Trustee for the Visitalk Creditors' Trust,

) ) ) ) Plaintiff, ) ) vs. ) ) PETER THIMMESCH and CYNTHIA ) THIMMESCH, husband and wife; ) MICHAEL O'DONNELL and MARSHA ) O'DONNELL, husband and wife; ) et al., ) ) Defendants. ) ___________________________________)

No. 2:02cv2405-HRH

ORDER Plaintiff and defendant MP3.com, Inc. ("MP3"), have entered into a written settlement agreement and have stipulated for the dismissal of this case as to MP3, only. IT IS HEREBY ORDERED that all claims in this case against MP3.com, Inc., only, are dismissed with prejudice, with each party to bear its own attorney fees and costs. DATED at Anchorage, Alaska, this 10th day of March, 2006.

/s/ H. Russel Holland United States District Judge

Case 2:02-cv-02405-HRH

Document 295

Filed 03/10/2006

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