Case 2:00-cv-02441-FCD-KJM Document 2778 Filed 11/22/05 Page 1 of 3

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3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 CITY OF LODI, CALIFORNIA, CASE NO. CIV-S-00-2441 FCD JFM 13 Plaintiff, ORDER APPROVING SETTLEMENT 14 AND BARRING CONTRIBUTION v. CLAIMS, INDEMNITY, AND OTHER 15 CLAIMS AGAINST THE BECKMAN M&P INVESTMENTS, a California CAPITAL CORPORATION AND 16 Partnership in Dissolution; et al., BECKMAN AND COMPANY, INC. PURSUANT TO THE UNIFORM 17 Defendants. COMPARATIVE FAULT ACT AND FOR DETERMINATION OF GOOD FAITH 18 SETTLEMENT UNDER CALIFORNIA LAW [CALIFORNIA CODE OF CIVIL 19 PROCEDURE § 877.6] 20

21 AND RELATED CROSS-CLAIMS, COUNTERCLAIMS, THIRD-PARTY 22 CLAIMS, AND FOURTH-PARTY CLAIMS 23 24 25 26 27 28

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Case 2:00-cv-02441-FCD-KJM Document 2778 Filed 11/22/05 Page 2 of 3

1 The City of Lodi (the “City”) and defendants Beckman Capital Corporation and Beckman 2 and Company, Inc., (“Beckman”) have reached a final settlement of this matter. After 3 consideration of Beckman’s Motion for Order Approving Settlement and Barring Contribution, 4 Indemnity, and Other Claims pursuant to the Uniform Comparative Fault Act and for 5 Determination of Good Faith Settlement under California Law (“Motion”), the City’s Joinder 6 thereto, and the record as a whole, the Court finds that the settlement, as embodied in the 7 Settlement Agreement and Mutual Release (“Settlement Agreement”), set forth in Exhibit “A” to 8 the Declaration of Brett H. Bailey in Support of Beckman’s Motion, was made in good faith 9 within the meaning of California Code of Civil Procedure section 877.6, and is fair, reasonable, 10 and consistent with the purposes of the Comprehensive Environmental Response, Compensation, 11 and Liability Act (“CERCLA”), 42 U.S.C. § 9601, et seq. 12 The matter having been briefed and submitted for decision, and good cause appearing, 13 IT IS HEREBY ORDERED that Beckman’s Motion is GRANTED. IT IS FURTHER 14 ORDERED that: 15 1. The Settlement Agreement is hereby approved as a good faith settlement. 16 2. Section 6 of the Uniform Comparative Fault Act (“UCFA”), 12 U.L.A. 147 17 (1996), in pertinent part, is hereby adopted as the federal common law in this case for the purpose 18 of determining the legal effect of the Settlement Agreement. 19 3. The Court further finds and determines that the Settlement Agreement has been 20 entered into in good faith within the meaning of Sections 877 and 877.6 of the California Code of 21 Civil Procedure. 22 4. Pursuant to Section 6 of UCFA and Section 877.6 of the California Code of Civil 23 Procedure, any and all claims for contribution or indemnity against Beckman arising out of the 24 facts alleged in the Fourth Amended Complaint in this action filed by the City, and as further 25 identified and provided for in the Settlement Agreement, the terms of which are incorporated 26 herein, regardless of when such claims asserted or by whom, are barred. Such claims are barred 27 regardless of whether they are brought pursuant to CERCLA or pursuant to any other federal or 28 state law.

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1 5. All claims asserted by the City against Beckman are hereby dismissed with 2 prejudice. 3 6. All claims asserted by Beckman against the City are hereby dismissed with 4 prejudice. 5 IT IS SO ORDERED. 6 DATED: November 21, 2005 By:/s/ Frank C. Damrell Jr. 7 HON. FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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