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SIMONCINI v. BECHTEL LONG-TERM DISABILITY PLAN

United States District Court, N.D. California


June 14, 2004.

ERNEST SIMONCINI Plaintiff,
v.
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. 41(a).
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.

20040614

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