Center for Biological Diversity, Inc. et al v. Bernhardt et al

Filing 29

ORDER OF DISMISSAL by Judge Phyllis J. Hamilton. (pjhlc1S, COURT STAFF) (Filed on 2/18/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CENTER FOR BIOLOGICAL
DIVERSITY, INC., et al.,

Case No. 19-cv-02843-PJH

Plaintiffs,
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ORDER OF DISMISSAL

v.

Re: Dkt. No. 28

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DAVID BERNHARDT, et al.,

United States District Court
Northern District of California

Defendants.
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The court is in receipt of the parties’ “Stipulated Settlement Agreement.” Dkt. 28.

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In it the parties detail the terms of their settlement agreement, including various dates

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that defendants will review the status of certain species. The latest date to complete any

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such review is August 31, 2020. Id. at 3. In their stipulation, the parties further request

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the court to retain jurisdiction to enforce that agreement. Id. at 8.
IT IS HEREBY ORDERED that this case is dismissed without prejudice; provided,

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however that any party has until September 29, 2020 (30 days from August 31, 2020) to

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certify to this court, with proof of service thereof on the opposing party, that the agreed

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settlement consideration has not been delivered over. If such certification is filed, the

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foregoing order shall stand vacated and this case shall forthwith be restored to the

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calendar to be set for trial.
If no certification is filed by September 29, 2020, the conditional the dismissal

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shall be with prejudice. The parties may, of course, substitute a dismissal with prejudice

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at any time during this 30-day period.

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The court will also retain jurisdiction to enforce the parties’ agreement until
February 18, 2021.
IT IS SO ORDERED.
Dated: February 18, 2020
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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