1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 AIRBORNE AMERICA, INC., a Nevada Case No.: 20-CV-2208 JLS (BLM) corporation, 12 ORDER (1) GRANTING JOINT

MOTION FOR GOOD FAITH

13 Plaintiff,

SETTLEMENT DETERMINATION

14 v. (2) DENYING MOTION TO DISMISS

AS MOOT; AND (3) DISMISSING

15 KENWAY COMPOSITES, et al.,

CASE WITH PREJUDICE

16 Defendants. (ECF Nos. 31, 43) 17 18

19 Presently before the Court is the Parties’ Joint Motion of All Parties for Order 20 Determining Good Faith Settlement and for Entry of Dismissal with Prejudice (ECF No. 21 43). Good cause appearing and there being no opposition, the Court hereby finds the 22 settlement between the Parties was made in good faith pursuant to California Code of Civil 23 Procedure sections 877 and 877.6, and the factors outlined in Tech-Bilt, Inc. v. Woodward- 24 Clyde & Associates, 38 Cal. 3d 488 (1985). Accordingly, the Court GRANTS the Joint 25 Motion. As agreed by the Parties and pursuant to California Code of Civil Procedure 26 section 877.6(c), the Court DISMISSES WITH PREJUDICE this action in its entirety. 27 Each Party shall bear its own costs. 28 /// 1 In light of the Parties’ settlement, the Court DENIES AS MOOT Defendant Hill & 2 || Smith Holdings, PLC’s Motion to Dismiss (ECF No. 31). The Clerk of the Court shall 3 || close the file. 4 IT IS SO ORDERED. 5 Dated: February 7, 2022 tt 6 pee Janis L. Sammartino 7 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