Opinion
Case No. 05-73644.
December 14, 2005
CONSENT ORDER (i) DISMISSING CASE WITHOUT PREJUDICE, AND (ii) SETTING PROCEDURES FOR RE-OPENING OF CASE AND ENTRY OF CONSENT JUDGMENT
Plaintiffs and Defendant having entered into a Settlement Agreement, a copy of which is attached hereto, and having consented to the entry of this Order; and the Court, after having been fully advised of the terms of such agreement;
IT IS HEREBY ORDERED that this case is dismissed without prejudice and without costs to either party and shall be administratively closed.
IT IS FURTHER ORDERED that upon the occurrence of a Default under the Settlement Agreement, that is not cured as provided in the Settlement Agreement, Plaintiffs shall file with this Court and serve on Defendant Alcar Electric, Inc. (a) a Notice of Re-Opening Case, and (b) an Affidavit of Default under Settlement Agreement, and, without any further notice, hearing, application or order, shall present the Consent Order Re-Opening Case and Entry of Consent Judgment in the form attached to the Settlement Agreement, for immediate entry by this Court without the necessity of a hearing.
This Court shall retain jurisdiction over this matter for purposes set forth in the preceding paragraph.