Dearing v. Machado et al

Filing 110

AMENDED ORDER OF DISMISSAL. Plaintiff's claims alleged against defendants are dismissed without prejudice; provided, however, that if any party hereto shall certify to this Court, no later than December 2, 2011, with proof of service of a copy t hereon on the opposing party, that the agreed consideration 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 October 28, 2011. (mmclc1, COURT STAFF) (Filed on 10/28/2011) (Additional attachment(s) added on 10/28/2011: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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MICHAEL DEARING,

No. C-08-1712 MMC

Plaintiff,

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AMENDED ORDER OF DISMISSAL

v.
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CORRECTIONAL OFFICER MACHADO, et
al.,
Defendants.

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The parties having advised the Court that they have agreed to a settlement of this
cause, and the settlement having been placed on the record,

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IT IS HEREBY ORDERED that plaintiff’s claims alleged against defendants herein

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be dismissed without prejudice; provided, however, that if any party hereto shall certify to

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this Court, no later than December 2, 2011, with proof of service of a copy thereon on the

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opposing party, that the agreed consideration for the settlement has not been delivered, the

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foregoing order shall stand vacated and the action shall forthwith be restored to the

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calendar for further proceedings as appropriate.

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IT IS SO ORDERED.

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Dated: October 28, 2011
MAXINE M. CHESNEY
United States District Judge