ALEJANDRO SANCHEZ et al v. OCEANSIDE INVESTMENTS, INC. et al

Filing 96

ORDER OF CONDITIONAL DISMISSAL. Signed by Judge Maria-Elena James on 2/2/2018. (mejlc2S, COURT STAFF) (Filed on 2/2/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEJANDRO SANCHEZ, ET AL.,

Case No. 15-cv-03453-MEJ

Plaintiffs,
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CONDITIONAL DISMISSAL

v.
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OCEANSIDE INVESTMENTS, INC., et al.,
Defendants.

United States District Court
Northern District of California

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Cross-Complainant Gable Jackson Payne and Cross-Defendants Alejandro Sanchez and

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Juan Sanchez settled this matter on November 14, 2017. Dkt. No. 84. The parties have not filed a

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stipulation for dismissal. See Docket; Dkt. No. 86 (order for parties to file stipulation for

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dismissal by February 1, 2018). Counsel for Cross-Defendants represents he spoke with Mr.

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Payne on January 23, 2018, and that Mr. Payne “reiterated that he still agreed to have the case

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dismissed without prejudice.” Status Report at 2, Dkt. No. 93. Counsel further represents Mr.

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Payne has not responded to counsel’s emails regarding the filing of a stipulation of dismissal. Id.;

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see id., Exs. 1-2.

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In light of the foregoing, the Court ORDERS this case be DISMISSED WITHOUT

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PREJUDICE. If any party certifies to this Court, within 90 days, with proof of service thereof,

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that the agreed consideration for the settlement has not been delivered, this order of conditional

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dismissal shall be vacated and this case shall be restored to the calendar to be set for trial. If no

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certification is filed within 90 days, the dismissal shall be with prejudice.

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IT IS SO ORDERED.
Dated: February 2, 2018
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MARIA-ELENA JAMES
United States Magistrate Judge