Poole v. United States Of America

Filing 24

ORDER CONDITIONALLY DISMISSING CASE. Signed by Magistrate Judge Maria-Elena James on 8/25/2014. (rmm2S, COURT STAFF) (Filed on 8/25/2014)

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1 MELINDA HAAG (CABN 132612) United States Attorney 2 THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney 3 Chief, Tax Division 4 CYNTHIA L. STIER (DCBN 423256) Assistant United States Attorney 5 11th Floor Federal Building 450 Golden Gate Avenue, Box 36055 6 San Francisco, California 94102 Telephone: (415) 436-7000 7 Fax: (415) 436-7009 8 Attorneys for the United States of America 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 ) NO. C13-3231-MEJ WILLIE F. POOLE 13 ) Plaintiff, ) STIPULATED REQUEST FOR 14 ) CONDITIONAL DISMISSAL AND v. ) [PROPOSED] ORDER 15 ) UNITED STATES OF AMERICA, 16 ) Defendant. ) 17 ) 18 19 It is hereby Stipulated and Agreed by the parties herein as follows: 20 1. The parties hereto, through their respective counsel, are advising this Court that they 21 have agreed to a settlement of this action. 2. 22 The terms of the settlement involve consideration that will take between 45 to 60 days to 23 deliver. 3. 24 Accordingly, the parties request that this action be dismissed with prejudice and that all 25 dates be vacated provided, however, that if either party certifies to this Court, with a proof of service of 26 a copy on opposing counsel, within 90 days from the date of the Order of Dismissal, that the agreed 27 // 28 // Stip Request For Conditional Dismissal & [proposed] Order; C-13-3231-MEJ 1 1 consideration for the settlement has not been delivered over, that the Order of Dismissal shall stand 2 vacated, and the action be restored to the calendar to be set for a case management conference. 3 4 SO STIPULATED MELINDA HAAG United States Attorney 5 6 /s/ Cynthia Stier CYNTHIA STIER Assistant United States Attorney 7 8 9 _/s/_________________ JOSEPH A. MYSZKA Attorney for Willie F. Poole 10 11 12 13 25 Aug. SO ORDERED this ____ day of _____, 2014. 14 _______________________ MARIA-ELENA JAMES Chief Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip Request For Conditional Dismissal & [proposed] Order; C-13-3231-MEJ 2

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