Clark v. United States of America

Filing 16

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 4/2/13. (nah, COURT STAFF) (Filed on 4/2/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HARVEY C. CLARK, 8 9 Plaintiff(s), v. 10 ORDER OF DISMISSAL UNITED STATES OF AMERICA, 11 No. C 12-4627 PJH Defendant(s). ___________________________________/ 12 13 The parties hereto, by their counsel, having advised the court that they have agreed 14 to a settlement of this cause, IT IS HEREBY ORDERED that this cause of action is 15 dismissed without prejudice; provided, however that if any party hereto shall certify to this 16 court, within sixty days, with proof of service thereof on the opposing party, that the agreed 17 consideration for said settlement has not been delivered over, the foregoing order shall 18 stand vacated and this cause shall forthwith be restored to the calendar to be set for trial. 19 If no certification is filed, after passage of sixty days, the dismissal shall be with 20 prejudice. The parties may, of course, substitute a dismissal with prejudice at any time 21 during this sixty day period. 22 IT IS SO ORDERED. 23 Dated: April 2, 2013 24 25 26 27 28 _____________________________ PHYLLIS J. HAMILTON United States District Judge

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