Nelson et al v. City of Hayward

Filing 125

ORDER OF CONDITIONAL DISMISSAL. Signed by Magistrate Judge Sallie Kim on 10/9/2019. (mklS, COURT STAFF) (Filed on 10/9/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROY NELSON, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 16-cv-07222-SK
CONDITIONAL DISMISSAL

v.
CITY OF HAYWARD, et al.,

Regarding Docket No. 124

Defendants.
On July 23, 2019, the parties filed a stipulation indicating that they have reached a

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settlement of this matter. (Dkt. 119.) The Court vacated all dates and ordered the parties to

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submit a status report regarding their progress toward finalizing their settlement no later than

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October 11, 2019. (Dkt. 123.) The parties timely filed a status report indicating that the terms of

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their agreement have been finalized and payment is currently being processed by the City of

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Hayward. (Dkt. 124.) The parties expect the funds to be deposited and Plaintiffs intend to file for

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dismissal with prejudice within 60 days. (Id.) Therefore, it is HEREBY ORDERED that this

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cause of action is dismissed without prejudice; provided, however, that if any party hereto shall

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certify to this Court, within sixty days, with proof of service thereof, that the agreed consideration

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for said settlement has not been delivered over, the foregoing order shall stand vacated and this

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cause shall forthwith be restored to the calendar to be set for trial. If no certification is filed, after

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passage of sixty days, the dismissal shall be with prejudice.

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IT IS SO ORDERED.
Dated: October 9, 2019
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SALLIE KIM
United States Magistrate Judge