Opinion
No. C 11-5473 PJH
03-15-2013
THE FORT MILLER CO, INC., Plaintiff(s), v. CON-FAB CALIFORNIA CORPORATION, et al., Defendant(s).
ORDER OF DISMISSAL
The parties hereto, by their counsel, having advised the court that they have agreed to a settlement of this cause, IT IS HEREBY ORDERED that this cause of action is dismissed without prejudice; provided, however that if any party hereto shall certify to this court, within ninety days, with proof of service thereof on the opposing party, that the agreed consideration for said settlement has not been delivered over, the foregoing order shall stand vacated and this cause shall forthwith be restored to the calendar to be set for trial.
If no certification is filed, after passage of ninety days, the dismissal shall be with prejudice. The parties may, of course, substitute a dismissal with prejudice at any time during this ninety day period.
IT IS SO ORDERED.
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PHYLLIS J. HAMILTON
United States District Judge