The Board of Trustees v. Interstate Paving and Grading, Inc.

Filing 20

ORDER OF CONDITIONAL DISMISSAL WITH PREJUDICE (45-day conditional dismissal). Signed by Magistrate Judge Wayne D. Brazil on 5/13/2009. (hlk, COURT STAFF) (Filed on 5/13/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES, et al. Plaintiffs, v. INTERSTATE PAVING AND GRADING INC., Defendant. /

No. C 08-05327 WDB ORDER OF CONDITIONAL DISMISSAL WITH PREJUDICE

Plaintiffs having advised the Court that the parties have reached a settlement in the above-captioned action, and having requested a conditional forty-five day dismissal with prejudice, IT IS HEREBY ORDERED that this action be dismissed with prejudice, provided that if any party certifies to this Court, within forty-five days of the date of this Order, with proof of service of a copy of such certification on opposing counsel, that the agreed consideration for said settlement has not been delivered, the Order of Conditional Dismissal will be vacated and the above-captioned action will be reopened and restored to the calendar to be set for trial. The status conference set for June 3, 2009 is hereby VACATED. IT IS SO ORDERED. Dated: May 13, 2009

WAYNE D. BRAZIL United States Magistrate Judge