Turner v. Rupf et al

Filing 199

ORDER of Dismissal. Signed by Judge Edward M. Chen on 9/6/2011. (Attachments: #1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 9/6/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDWARD L. TURNER,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-05-2297 EMC (pr)

WARREN E. RUPF; et al.,

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ORDER OF DISMISSAL

Defendants.
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The parties filed a joint stipulation for dismissal of this action. (Docket # 192.) Plaintiff

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later filed a "Plaintiff's Case Denial of Defendants' Case Management Confernce (sic) Statement" in

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which he stated that he had not received the check that was to be paid as part of the settlement. The

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Court ordered Defendants to file a notice indicating whether and when Plaintiff was paid the agreed-

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upon settlement amount. Defendants filed a notice on August 17, 2011 stating that the settlement

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check had been mailed to Plaintiff on June 29, 2011. The Court is now satisfied that the agreed-

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upon settlement payment has been made to Plaintiff. Accordingly, pursuant to the Joint Stipulation

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of Dismissal filed June 30, 2011, this action is DISMISSED. Each party shall bear its own

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attorneys' fees and costs. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: September 6, 2011

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_________________________
EDWARD M. CHEN
United States District Judge