AGREED ORDER GRANTING AGREED MOTION TO DISMISS WITH PREJUDICE – 1

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GARY PALMER, Plaintiff, vs. CHELSEA FINANCING PARTNERSHIP, LP, et al, Defendants.

Case No. 2:05-cv-1935-MCE-GGH AGREED ORDER GRANTING AGREED MOTION TO DISMISS WITH PREJUDICE Date: NA Time: NA Location: NA

Plaintiff Gary Palmer and Defendants Eddie Bauer, Inc., Guess? Retail, Inc., Jockey

International Global, Inc., Fossil Stores I, Inc., The Bombay Company, Inc., Zale Delaware, Inc., Ultra

Stores, Inc., Tommy Hilfiger Retail, LLC, and Stride Rite Children’s Group, Inc. (collectively

“Defendants”) have filed an Agreed Motion to Dismiss With Prejudice. The Court has reviewed the

motion and believes it has merit and should be granted.

The Court therefore GRANTS the motion and ORDERS as follows:

All claims Plaintiff has asserted against Defendants in this lawsuit are dismissed with prejudice,

Defendants’ motions for summary judgment are denied as moot, all claims for attorney’s fees and

sanctions Defendants have asserted against Plaintiff are denied as moot, and each party is ordered to

bear his or their own attorney’s fees and costs.

DATED: September 29, 2006

__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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Case 2:05-cv-01935-MCE -GGH Document 245 Filed 09/29/06 Page 1 of 2

AGREED ORDER GRANTING AGREED MOTION TO DISMISS WITH PREJUDICE – 2

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AGREED AS TO FORM AND CONTENT: LAW OFFICES OF LYNN HUBBARD By: /s/ Mark Emmett Mark Emmett Attorneys for Plaintiff Gary Palmer AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ Chelsea D. Munday M. Brett Burns Chelsea D. Munday Attorneys for Defendants Eddie Bauer, Inc., Guess? Retail, Inc., Jockey International Global, Inc., Fossil Stores I, Inc., The Bombay Company, Inc., Zale Delaware, Inc., Ultra Stores, Inc., Tommy Hilfiger Retail, LLC, and Stride Rite Children’s Group, Inc.

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Case 2:05-cv-01935-MCE -GGH Document 245 Filed 09/29/06 Page 2 of 2