The Fort Miller Co, Inc v. Con-Fab California Corporation et al

Filing 66

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 3/15/13. (nah, COURT STAFF) (Filed on 3/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE FORT MILLER CO, INC.,

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Plaintiff(s),

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v.

No. C 11-5473 PJH
ORDER OF DISMISSAL

CON-FAB CALIFORNIA
CORPORATION, et al.,

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Defendant(s).
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The parties hereto, by their counsel, having advised the court that they have agreed

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to a settlement of this cause, IT IS HEREBY ORDERED that this cause of action is

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dismissed without prejudice; provided, however that if any party hereto shall certify to this

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court, within ninety days, with proof of service thereof on the opposing party, that the

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agreed consideration for said settlement has not been delivered over, the foregoing order

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shall stand vacated and this cause shall forthwith be restored to the calendar to be set for

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trial.

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If no certification is filed, after passage of ninety days, the dismissal shall be with

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prejudice. The parties may, of course, substitute a dismissal with prejudice at any time

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during this ninety day period.

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IT IS SO ORDERED.
Dated: March 15, 2013
_____________________________
PHYLLIS J. HAMILTON
United States District Judge