GCCFC 2005-GG5 Hegenberger Retail Limited Partnership v. Arce et al

Filing 101

THIRD AMENDED ORDER OF DISMISSAL UPON SETTLEMENT granting 100 Motion. (Illston, Susan) (Filed on 7/27/2021)

Case 3:17-cv-03854-SI Document 101 Filed 07/27/21 Page 1 of 2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8

GCCFC 2005-GG5 HEGENBERGER
RETAIL LIMITED PARTNERSHIP,

Case No. 17-cv-03854-SI
1
19-cv-00403-SI (related case)

Plaintiff,
9

THIRD AMENDED ORDER OF
DISMISSAL UPON SETTLEMENT

v.
10
11

GEORGE A. ARCE, et al.,

Re: Dkt. No. 100

United States District Court
Northern District of California

Defendants.
12
13
14

On December 4, 2020, the parties to this action advised the Court they have agreed to a
settlement. Dkt. No. 94. On February 2, 2021, plaintiff filed a motion to reopen this case and informed

15
16
17
18
19
20
21
22
23
24
25
26
27
28

the Court that the parties’ settlement agreement is pending in the Superior Court of California, County
of Alameda. Dkt. No. 96 at 2. On February 5, 2021, the Court issued an Amended Order of Dismissal
Upon Settlement. Dkt. No. 97. On April 6, 2021, plaintiff filed a second motion to reopen this case and
informed the Court that the parties’ settlement agreement is still pending in Superior Court. Dkt. No.
98. On April 8, 2021, the Court issued a Second Amended Order of Dismissal Upon Settlement. Dkt.
No. 99. On July 7, 2021, plaintiff filed a request to vacate second amended dismissal order and enter
third amended dismissal order. Dkt. No. 100.
The Court hereby GRANTS plaintiff’s a request to vacate second amended dismissal order and
enter third amended dismissal order. The Court amends its April 8, 2021 Amended Order of Dismissal
Upon Settlement.
IT IS HEREBY ORDERED that this matter is DISMISSED WITH PREJUDICE. However,
that if any party hereto certifies to this court, with proof of service of a copy thereon on opposing counsel,
within ninety days from the date hereof, that settlement has not in fact occurred, the foregoing order

Case 3:17-cv-03854-SI Document 101 Filed 07/27/21 Page 2 of 2

1

shall be vacated and this cause shall forthwith be restored to the calendar for further proceedings.

2
3
4
5
6

IT IS SO ORDERED.
Dated: July 27, 2021
______________________________________
SUSAN ILLSTON
United States District Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2