Thomas v. Ponder et al

Filing 128

ORDER OF DISMISSAL. Plaintiff's claims are dismissed without prejudice; provided, however, that if any party hereto shall certify to this Court, within ninety days, with proof of service of a copy thereon on opposing counsel, that the agreed co nsideration for the settlement has not been delivered, the foregoing order shall stand vacated and the action shall forthwith be restored to the calendar for further proceedings as appropriate. Signed by Judge Maxine M. Chesney on June 13, 2012. (mmclc2, COURT STAFF) (Filed on 6/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OTIS THOMAS,
Plaintiff,

For the Northern District of California

United States District Court

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No. C 06-3581 MMC
ORDER OF DISMISSAL

v.
M.S. EVANS, Warden, et al.,
Defendants.
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The parties having advised the Court that they have agreed to a settlement of the
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above-titled action,
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IT IS HEREBY ORDERED that plaintiff’s claims be dismissed without prejudice;
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provided, however, that if any party hereto shall certify to this Court, within ninety days, with
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proof of service of a copy thereon on opposing counsel, that the agreed consideration for
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the settlement has not been delivered, the foregoing order shall stand vacated and the
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action shall forthwith be restored to the calendar for further proceedings as appropriate.
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IT IS SO ORDERED.
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Dated: June 13, 2012
MAXINE M. CHESNEY
United States District Judge