Fitz-Gerald v. Metropolitan Life Insurance Company

Filing 29

ORDER CONDITIONALLY DISMISSING CASE. Signed by Judge James Donato on 11/9/17. (lrcS, COURT STAFF) (Filed on 11/9/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL FITZ-GERALD, Plaintiff, 8 9 10 11 Case No. 3:17-cv-02838-JD ORDER CONDITIONALLY DISMISSING CASE v. METROPOLITAN LIFE INSURANCE COMPANY, United States District Court Northern District of California Defendant. 12 13 The Court is advised that the parties have reached a settlement agreement. Re: Dkt. No. 14 28. Consequently, the Court vacates all pretrial deadlines and dismisses this case without 15 prejudice. If any party certifies to the Court within 45 days from the date of this order that the 16 agreed consideration for the settlement of this action has not been delivered, this order will be 17 vacated and the case will be set for a case management conference. If no certification is filed, the 18 dismissal will be deemed to be with prejudice after 45 days. 19 The parties are directed not to ask the Court for a “dismissal with prejudice” at any 20 time after this order, or to ask for an order confirming dismissal under FRCP 41(a)(1). No 21 Court order is necessary for dismissal under that rule. 22 23 IT IS SO ORDERED. Dated: November 9, 2017 24 25 26 27 28 ________________________ JAMES DONATO United States District Judge

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