may be brought against them, whenever such filing is deemed
by them to be called for to support a defense or
counterclaim based on principles of claim preclusion, issue
preclusion, release, good faith settlement, judgment bar or
reduction or similar defense or counterclaim.

11. Without affecting the finality of this Judgment in
any way, this Court hereby retains continuing jurisdiction:
(a) over implementation of this settlement and any award or
distribution of the Settlement Fund, including interest
earned thereon; (b) over disposition of the Settlement Fund;
(c) over the hearing and determination of applications for
attorneys’ fees and expenses in the Litigation; and (d) over
all parties hereto for the purpose of construing, enforcing
and administering the Stipulation.

12. This Court finds that during the course of the
Litigation the Settling Parties and their respective counsel
at all times complied with the requirements of Rule 11.

13. If the settlement does not become effective in
accordance with the terms of the Stipulation, or if the
Effective Date does not occur, or if the Settlement Fund or
any portion thereof is returned to the Defendants, this
Judgment shall be rendered null and void to the extent
provided by and in accordance with the Stipulation and shall

be vacated. In such event all orders entered and releases


circumstances of those proceedings and of the matters set
forth therein, including the proposed settlement set forth
in the Stipulation, to all Persons entitled to such notice,
and the notice fully satisfied the requirements of Rule 23,
the requirements of due process and any other applicable
law.

9. Any plan of allocation submitted by Plaintiff's
Settlement Counsel or any order entered regarding the
attorneys’ fee and expense application shall in no way
disturb or affect this Final Judgment and shall be
considered separate from this Final Judgment.

10. Neither the Stipulation nor the settlement
contained therein, nor any act performed or document
executed pursuant to or in furtherance of the Stipulation or
the settlement: (a) is or may be deemed to be or may be used
as an admission of, or evidence of, the validity of any
Released Claim, or of any wrongdoing or liability of the
Defendants or their Related Parties; or (b) is or may be
deemed to be or may be used as an admission of, or evidence
of, any fault or omission of any of the Defendants or their
Related Parties in any civil, criminal or administrative
proceeding in any court, administrative agency or other
tribunal. Defendants or their Related Parties may file the

Stipulation or the Judgment or both in any other action that


delivered in connection herewith shall be null and void to

the extent provided by and in accordance with the

Liwken DE cot

Stipulation.

Milton I. Shadur
Senior United States District Judge

Date: March 17, 2006


IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
WARREN BEELER, etc.,
)
Plaintiff, }
)
v. ) No. 04 C 3658
)
SALTON, INC., et al.,
)
Defendants. )

FINAL ORDER OF DISMISSAL AND JUDGMENT

This matter came before this Court for hearing, pursuant to
its order dated December 27, 2005 (“Order”), on the application
of the Settling Parties for approval of the settlement set forth
in the Stipulation of Settlement dated as of December 19, 2005
{the “Stipulation”). Due and adequate notice of the settlement
has been given as required in the Order, and this Court has
considered all papers filed and proceedings held in this action
and is otherwise fully informed in the premises. Based on those
matters, and with good cause appearing therefor, it is hereby
ordered, adjudged and decreed that:

1. This order and Judgment incorporate by reference
the definitions in the Stipulation, and all terms used in
this order and Judgment shall have the same meanings as set
forth in the Stipulation.

2. This Court has jurisdiction over the subject matter
of the Litigation and over all parties to the Litigation,

including all Members of the Class.


3. No Persons have validly and timely requested
exclusion from the Class. Accordingly the Litigation and
all claims contained therein, including alli of the Released
Claims, are dismissed as to the Lead Plaintiff and all other
Class Members, and as against each and all of the Released
Persons. All parties are to bear their own costs except as
otherwise provided in the Stipulation.

4. Pursuant to Fed. R. Civ. P. (“Rule”) 23, this Court
hereby approves the settlement set forth in the Stipulation
and finds that said settlement is in all respects fair,
reasonable and adequate to, and is in the best interests of,
the Lead Plaintiff, the Class and each of the Class Members.
This Court further finds the settlement set forth in the
Stipulation is the result of arm’s-length negotiations
between experienced counsel representing the interests of
the Lead Plaintiff, the Class Members and the Defendants.
Accordingly the settlement embodied in the Stipulation is
hereby approved in all respects and shall be consummated in
accordance with its terms and provisions. All Settling
Parties are hereby directed to perform the terms of the
Stipulation.

5. Upon the Effective Date the Lead Plaintiff and each
of the Class Members shall be deemed to have, and by

operation of the Judgment shall have, fully, finally and


forever released, relinquished and discharged all Released
Claims against the Released Persons, whether or not any such
Class Member executes and delivers a Proof of Claim and
Release form.

6. All Class Members are hereby forever barred and
enjoined from prosecuting the Released Claims against the
Released Persons.

7. Upon the Effective Date each of the Released
Persons shall be deemed to have, and by operation of this
Judgment shall have, fully, finally and forever released,
relinquished and discharged the Lead Plaintiff, each and all
of the Class Members and Plaintiff’s Settlement Counsel from
all claims (including Unknown Claims) arising out of
relating to or in connection with the institution,
prosecution, assertion, settlement or resolution of the
Litigation or the Released Claims.

8. The distribution of the Notice of Pendency and
Proposed Settlement of Class Action and the publication of
the Summary Notice, all as provided for in the Order
Preliminarily Approving Settlement and Providing for Notice,
constituted the best notice practicable under the
circumstances, including individual notice to all Class
Members who could be identified through reasonable effort.

That notice provided the best notice practicable under the