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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROY NELSON, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 12 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 13 settlement of this matter. (Dkt. 119.) The Court vacated all dates and ordered the parties to 14 submit a status report regarding their progress toward finalizing their settlement no later than 15 October 11, 2019. (Dkt. 123.) The parties timely filed a status report indicating that the terms of 16 their agreement have been finalized and payment is currently being processed by the City of 17 Hayward. (Dkt. 124.) The parties expect the funds to be deposited and Plaintiffs intend to file for 18 dismissal with prejudice within 60 days. (Id.) Therefore, it is HEREBY ORDERED that this 19 cause of action is dismissed without prejudice; provided, however, that if any party hereto shall 20 certify to this Court, within sixty days, with proof of service thereof, that the agreed consideration 21 for said settlement has not been delivered over, the foregoing order shall stand vacated and this 22 cause shall forthwith be restored to the calendar to be set for trial. If no certification is filed, after 23 passage of sixty days, the dismissal shall be with prejudice. 24 25 26 27 28 IT IS SO ORDERED. Dated: October 9, 2019 ______________________________________ SALLIE KIM United States Magistrate Judge

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