Neilsen v. Metropolitan Life Insurance Company

Filing 26

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 7/23/12. (nah, COURT STAFF) (Filed on 7/23/2012)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES NEILSEN,, 8 9 Plaintiff(s), v. No. C 11-4087 PJH ORDER OF DISMISSAL 10 11 METROPOLITAN LIFE INSURANCE COMPANY, 12 Defendant(s). ___________________________________/ 13 14 The parties hereto, by their counsel, having advised the court that they have agreed 15 to a settlement of this cause, IT IS HEREBY ORDERED that this cause of action is 16 dismissed without prejudice; provided, however that if any party hereto shall certify to this 17 court, within sixty (60) days, with proof of service thereof, that the agreed consideration for 18 said settlement has not been delivered over, the foregoing order shall stand vacated and 19 this cause shall forthwith be restored to the calendar to be set for trial. 20 If no certification is filed, after passage of sixty (60) days, the dismissal shall be with 21 prejudice. The parties are free to substitute their own dismissal with prejudice for this 22 conditional dismissal at any time before the passage of 60 days. All dates are vacated. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: July 23, 2012 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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