JOINT STIPULATION AND ORDER EXONERATING BOND AND SURETY

JON S. TIGAR, District Judge.

Plaintiff Michael Rodman on behalf of himself and the certified Class ("Plaintiff") and Defendant Safeway Inc. ("Safeway") stipulate as follows:

WHEREAS, the Court entered final judgment in favor of Plaintiff for breach of contract damages plus pre-judgment interest against Safeway on November 30, 2015 (Dkt. No. 406) (the "Judgment").

WHEREAS, a Supersedeas Bond was issued by surety Westchester Fire Insurance Company and posted on behalf of Safeway on January 5, 2016 in the sum of Forty Two Million and No/100 Dollars ($42,000,000.00), Bond No. K08504040, in conjunction with Safeway's appeal to the United States Court of Appeals for the Ninth Circuit from the Judgment, and filed with the Court on January 7, 2016 (Dkt. No. 415).

WHEREAS, the United States Court of Appeals for the Ninth Circuit affirmed the Judgment.

WHEREAS, Safeway has satisfied the Judgment in full by depositing into a Judgment Distribution Fund with Huntington National Bank the amount of Forty Two Million Three Hundred Twenty One Thousand Three Hundred Fifty Five and 45/100 Dollars ($42,321,355.45) on December 15, 2017.1

WHEREAS, the parties agree that the Court may now release and exonerate Bond No. K08504040.

IT IS SO STIPULATED.

ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the Supersedeas Bond issued by surety Westchester Fire Insurance Company and posted on behalf of Safeway on January 5, 2016 in the sum of Forty Two Million and No/100 Dollars ($42,000,000.00), Bond No. K08504040, in conjunction with Safeway's appeal to the United States Court of Appeals for the Ninth Circuit from the Judgment, and surety Westchester Fire Insurance Company are released, exonerated and discharged from further liability forthwith.