United States District Court, N.D. California
June 14, 2004.
ERNEST SIMONCINI Plaintiff,
BECHTEL LONG-TERM DISABILITY PLAN Defendant.
The opinion of the court was delivered by: CHARLES BREYER, District Judge
STIPULATION OF DISMISSAL WITH PREJUDICE, PURSUANT TO FED.R.CIV.P.
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.
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