UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

TOWNHOUSES OF CATALPA : PHASE I CONDOMINIUMS, : : Case No. 3:24-cv-122 Plaintiff, : : Judge Thomas M. Rose v. : : SCOTTSDALE SUPRLUS LINES : INSURANCE COMPANY, : : Defendant. : ______________________________________________________________________________

ORDER OF CONDITIONAL DISMISSAL ______________________________________________________________________________

The Court having been advised by counsel for the Parties that this matter has been settled, and counsel for the Parties having provided approval to enter a conditional dismissal, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the Parties, provided that any of the Parties may, upon good cause shown within 30 days, reopen the action if settlement is not consummated. Prior to the end of the timeframe to reopen this action, the parties may submit a substitute Judgment Entry once settlement is consummated. Parties intending to preserve this Court’s jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of America,

(1994) and incorporate appropriate language in any substituted judgment entry. The undersigned also requires that, if the parties intend to preserve this Court’s jurisdiction, then they must submit to the Court a copy of the fully-executed settlement agreement (either by filing it on the docket or emailing it to his chambers). DONE and ORDERED in Dayton, Ohio, this Friday, September 26, 2025. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE