China Trust Bank (U.S.A.) v. Aclor, Inc et al

Filing 62

ORDER Vacating Judgment. Signed by Judge Lucy H. Koh on 11/15/2011. (lhklc1, COURT STAFF) (Filed on 11/15/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHINA TRUST BANK (U.S.A.),
Plaintiff,

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v.
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ACLOR INC., et al.,
United States District Court
For the Northern District of California

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Defendants.
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Case No.: 10-CV-05524-LHK

ORDER VACATING JUDGMENT

On November 7, 2011, the parties filed a Stipulation for Entry of Judgment, ECF No. 56,

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and a Stipulation for Voluntary Dismissal, ECF No. 57. The Stipulation for Entry of Judgment was

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signed by all of the parties and contained a date and signature line for the Court to sign. On

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November 9, 2011, the Court signed and filed the Stipulation for Entry of Judgment, ECF No. 59,

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and Stipulation for Voluntary Dismissal, ECF No. 61. On November 14, 2011, the parties wrote a

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joint letter to the Court explaining that the stipulated judgment was contingent on certain events

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occurring, which have not occurred, and that the judgment attached to ECF No. 56 was merely an

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exemplar that was not submitted for electronic filing with the Court. ECF No. 61, at 1.

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Accordingly, both parties request that the judgment, ECF No. 59, be vacated. The Court also

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construes this joint letter as an administrative motion to file under seal pursuant to Civil Local Rule

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79-5(b).

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The Court notes that nothing indicated that the proposed judgment was contingent on

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anything or that the attached judgment was merely an exemplar. However, upon consideration of

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the parties’ joint letter, and good cause appearing, the Court hereby VACATES the judgment

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entered on November 14, 2011, ECF No. 59. The Clerk shall seal ECF No. 59. The case remains

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dismissed in its entirety with prejudice.

Case No.: 10-CV-05524-LHK
ORDER VACATING JUDGMENT

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IT IS SO ORDERED.

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Dated: November 15, 2011

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United States District Court
For the Northern District of California

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Case No.: 10-CV-05524-LHK
ORDER VACATING JUDGMENT

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LUCY H. KOH
United States District Judge