Lemus v. Douglas Clark

Filing 31

ORDER of Dismissal. Case dismissed with prejudice. If any party certifies to the court, no later than 5/23/2012, with proof of service on other party, that agreed consideration for settlement not delivered or settlement not consummated as agreed, order of dismissal shall be vacated and case will be restored to calendar and re-set for trial. Signed by Magistrate Judge Howard R. Lloyd on 2/23/2012. (hrllc2, COURT STAFF) (Filed on 2/23/2012)

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1 2 *E-FILED: February 23, 2012* 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 8 BENJAMIN LEMUS, on behalf of himself and similarly situated others, Case No. C10-00880 HRL 12 ORDER OF DISMISSAL Plaintiff, 13 v. 14 15 DOUGLAS CLARK dba CLARK’S HARDWOOD FLOORS and DOES 1-10, 16 Defendants. / 17 18 19 20 The parties having advised that they have reached a settlement, all pretrial and trial dates are vacated. IT IS HEREBY ORDERED that this action is dismissed with prejudice. However, if 21 any party certifies to this court, no later than May 23, 2012, with proof of service of a copy on 22 the other party, that the agreed consideration for the settlement has not been delivered or that 23 the settlement has not been consummated as agreed, the foregoing ORDER SHALL STAND 24 VACATED and this cause shall be restored to the calendar and be re-set for trial. 25 26 27 SO ORDERED. Dated: February 23, 2012 _______________________________ HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 28 1 5:10-cv-00880-HRL Notice has been electronically mailed to: 2 Adam Wang adamqwang@gmail.com, evanrhy@gmail.com, jenniferxyzheng@hotmail.com, rosilenda@gmail.com 3 Pascal Anastasi pascal@anastasiesq.com 4 5 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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