Opinion
MELINDA HAAG, United States Attorney, THOMAS MOORE, Assistant United States Attorney Chief, Tax Division CYNTHIA L. STIER, Assistant United States Attorney, San Francisco, California, Attorneys for the United States of America.
JOSEPH A. MYSZKA, Attorney for Willie F. Poole.
STIPULATED REQUEST FOR CONDITIONAL DISMISSAL AND [PROPOSED] ORDER
MARIA-ELENA JAMES, Chief Magistrate Judge.
It is hereby Stipulated and Agreed by the parties herein as follows:
1. The parties hereto, through their respective counsel, are advising this Court that they have agreed to a settlement of this action.
2. The terms of the settlement involve consideration that will take between 45 to 60 days to deliver.
3. Accordingly, the parties request that this action be dismissed with prejudice and that all dates be vacated provided, however, that if either party certifies to this Court, with a proof of service of a copy on opposing counsel, within 90 days from the date of the Order of Dismissal, that the agreed consideration for the settlement has not been delivered over, that the Order of Dismissal shall stand vacated, and the action be restored to the calendar to be set for a case management conference.
So ORDERED.