Simoncini v. Bechtel Long-Term Disability Plan

Full title: ERNEST SIMONCINI Plaintiff, v. BECHTEL LONG-TERM DISABILITY PLAN Defendant

Court: United States District Court, N.D. California

Date published: Jun 14, 2004

Case No. C 03-4804 CRB (N.D. Cal. Jun. 14, 2004)

Opinion

Case No. C 03-4804 CRB.

June 14, 2004

Robert J. Rosati, Freano, California, Attorneys for Plaintiff.

SEYFARTH SHAW LLP, Carolyn A. Knox, Carrie L. Daughters, San Francisco, California, Attorneys for Defendant. BECHTEL LONG-TERM DISABILITY PLAN.

STIPULATION OF DISMISSAL WITH PREJUDICE, PURSUANT TO FED.R.CIV.P. 41(a).

CHARLES BREYER, District Judge

Plaintiff ERNEST SIMONCINI and Defendant BECHTEL LONG-TERM DISABILITY PLAN have reached a resolution of this matter. The parties agree to dismiss this action in its entirety with prejudice, pursuant to Fed.R.Civ.P. 41(a). Each party shall bear its own fees and costs.

The parties seek the Court's approval of dismissal of this action with prejudice, through the order listed infra.

ORDER OF DISMISSAL

The parties having advised the Court that they have agreed to a settlement of this cause,

IT IS HEREBY ORDERED that this cause be dismissed without prejudice; provided, however, that if any party hereto shall certify to this Court, within ninety days, with proof of service of a copy thereon on opposing counsel, 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.

IT IS SO ORDERED.