Opinion
No. C-03-5490 VRW.
November 28, 2005
ORDER
On October 11, 2005, the parties sent a letter to the court confirming that a settlement had been reached, asking that the scheduled hearing be vacated and stating that the parties intended to submit appropriate papers to the court. Doc #67. Before this joint motion could be filed, however, the court issued an order on October 25, 2005, dismissing this action with prejudice. Doc #68. Because the parties' settlement agreement provides for a dismissal without prejudice to certain rights, including the right to continue this action under specified conditions, the parties jointly requested in a motion filed on October 28, 2005, that the court vacate its October 25, 2005, order dismissing the case. Doc #70-1. The parties instead asked the court to dismiss the case pursuant to the terms of their October 28, 2005, settlement agreement. Id. Accordingly, the court VACATES its October, 25, 2005, order that dismissed the case with prejudice and instead DISMISSES the case without prejudice, pursuant to the terms of paragraph D of the settlement agreement, which is filed with the court as Doc #70-2.
IT IS SO ORDERED.