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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THE FORT MILLER CO, INC., 8 Plaintiff(s), 9 10 v. No. C 11-5473 PJH ORDER OF DISMISSAL CON-FAB CALIFORNIA CORPORATION, et al., 11 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 ninety days, with proof of service thereof on the opposing party, that the 18 agreed consideration for said settlement has not been delivered over, the foregoing order 19 shall stand vacated and this cause shall forthwith be restored to the calendar to be set for 20 trial. 21 If no certification is filed, after passage of ninety days, the dismissal shall be with 22 prejudice. The parties may, of course, substitute a dismissal with prejudice at any time 23 during this ninety day period. 24 25 26 27 28 IT IS SO ORDERED. Dated: March 15, 2013 _____________________________ PHYLLIS J. HAMILTON United States District Judge

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