Nelson et al v. City of Hayward
ORDER OF CONDITIONAL DISMISSAL. Signed by Magistrate Judge Sallie Kim on 10/9/2019. (mklS, COURT STAFF) (Filed on 10/9/2019)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ROY NELSON, et al.,
United States District Court
Northern District of California
Case No. 16-cv-07222-SK
CITY OF HAYWARD, et al.,
Regarding Docket No. 124
On July 23, 2019, the parties filed a stipulation indicating that they have reached a
settlement of this matter. (Dkt. 119.) The Court vacated all dates and ordered the parties to
submit a status report regarding their progress toward finalizing their settlement no later than
October 11, 2019. (Dkt. 123.) The parties timely filed a status report indicating that the terms of
their agreement have been finalized and payment is currently being processed by the City of
Hayward. (Dkt. 124.) The parties expect the funds to be deposited and Plaintiffs intend to file for
dismissal with prejudice within 60 days. (Id.) Therefore, it is HEREBY ORDERED that this
cause of action is dismissed without prejudice; provided, however, that if any party hereto shall
certify to this Court, within sixty days, with proof of service thereof, that the agreed consideration
for said settlement has not been delivered over, the foregoing order shall stand vacated and this
cause shall forthwith be restored to the calendar to be set for trial. If no certification is filed, after
passage of sixty days, the dismissal shall be with prejudice.
IT IS SO ORDERED.
Dated: October 9, 2019
United States Magistrate Judge
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