Fidelity Brokerage Services LLC v. Rocine et al

Filing 54

ORDER OF CONDITIONAL DISMISSAL. Signed by Judge Phyllis J. Hamilton on 1/12/2018. (pjhlc1, COURT STAFF) (Filed on 1/12/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 FIDELITY BROKERAGE SERVICES LLC, Case No. 17-cv-04993-PJH Plaintiff, 9 ORDER OF DISMISSAL v. Re: Dkt. No. 53 10 11 BRETT ROCINE, et al., United States District Court Northern District of California Defendants. 12 13 The parties hereto, by their counsel, having advised the court that they have 14 15 agreed to a settlement of this cause, IT IS HEREBY ORDERED that this cause of action 16 is dismissed without prejudice; provided, however that if any party hereto shall certify to 17 this court, within sixty 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 sixty days, the dismissal shall be with 22 prejudice. The parties may, of course, substitute a dismissal with prejudice at any time 23 during this sixty day period. 24 IT IS SO ORDERED. 25 26 27 28 Dated: January 12, 2018 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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