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. ) ___________________________________)

CV-02-2405-PHX (HRH)

O R D E R Approval of Settlement Defendant MP3.com, Inc., has petitioned the court for entry of an order (1) that the settlement agreement entered into between plaintiff and MP3.com, a copy of which is attached as Exhibit A to the petition,1 was entered into in good faith, and (2) barring any and all claims (whether or not raised thus far) that MP3.com is contributorily liable to any other party to this

1

Clerk's Docket No. 286. - 1 -

Case 2:02-cv-02405-HRH

Document 293

Filed 01/26/2006

Page 1 of 2

action.

No other party having interposed any objection to the

petition, and good cause for the requested order appearing, IT IS HEREBY ORDERED: (1) that the settlement agreement

entered into between plaintiff and MP3.com, a copy of which is attached as Exhibit A to the petition,2 was entered into in good faith, and (2) barring any and all claims (whether or not raised thus far) that MP3.com is contributorily liable to any other party to this action. DATED at Anchorage, Alaska, this 25th day of January, 2006.

/s/ H. Russel Holland United States District Judge

2

Id. - 2 -

Case 2:02-cv-02405-HRH

Document 293

Filed 01/26/2006

Page 2 of 2