PLAINTIFF AND DEFENDANT VOLVO PENTA OF THE AMERICAS, LLC's STIPULATION TO DISMISS DEFENDANT VOLVO PENTA OF THE AMERICAS, LLC; ORDER THEREON

MORRISON C. ENGLAND, JR., District Judge.

STIPULATION REGARDING DISMISSAL OF DEFENDANT VOLVO PENTA OF THE AMERICAS, LLC

It is hereby stipulated and agreed between Plaintiff OLGA CIOBAN-LEONTIY and Defendant VOLVO PENTA OF THE AMERICAS, LLC, ("Volvo Penra") as follows:

Plaintiff and Defendant hereby agree that Plaintiff will dismiss Defendant Volvo Penta from this lawsuit with prejudice in exchange of a waiver of costs.

As a result of the "Stipulation Regarding Dismissal of Defendant Volvo Penta of the Americas, LLC," Plaintiff hereby states to the Court and Defendant SILVERTHORN RESORT ASSOCIATES, LP ("Silverthorn") that Plaintiff is no longer pursuing product liability claims against Volvo Penta and Waterway Houseboat Builders, but rather, is pursuing Silverthorn under theories that do not involve Volvo Penta or Waterway Houseboat Builders.

As a result, Plaintiff is submitting to the Court a motion for good faith settlement for all purposes, including the Court's review of this settlement pursuant to California Code of Civil Procedure ("CCP") sections 877 and 877.6. The result of such a motion being granted forecloses any other Defendant from attempting to keep in this case the settling party, in this case Volvo Penta.

Volvo Penta agrees and stipulates that it will dismiss its cross-claims against pro se Defendants Maxsim Leontiy and Dmitri Gaiduchik.

IT IS SO STIPULATED.

ORDER OF DISMISSAL WITH PREJUDICE

Based upon Plaintiff and Volvo Penta's Settlement Agreement and Stipulation to dismiss the latter from this lawsuit with prejudice in exchange of a waiver of costs, the Court accepts the Stipulation Regarding Dismissal with prejudice in exchange of a waiver of costs.

IT IS SO ORDERED.