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ESCANNET v. CHAVEZ

United States District Court, N.D. California


September 27, 2005.

ESCANNET, a California corporation, et. al., Plaintiffs,
v.
SALVADOR CHAVEZ, et. al., Defendants. AND RELATED CROSS-CLAIM.

The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE
(Fed.R.Civ.P. 41)
The parties hereby stipulate and agree that this action shall be dismissed in its entirety with prejudice, each side to bear his, her or its respective attorney's fees and costs, said dismissal to include both the pending Second Amended Complaint and the Counterclaim (Cross-Complaint), 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 any agreed consideration for the settlement has not been delivered, this order shall stand vacated and the action shall forthwith be restored to the calendar to be set for trial.

  SO STIPULATED.

 

ORDER APPROVING STIPULATION AND DISMISSING ENTIRE ACTION WITH PREJUDICE
  The foregoing stipulation is approved and IT IS SO ORDERED. This action is hereby dismissed with prejudice, each side bearing his, her or its respective attorney's fees and costs, said dismissal to include both the pending Second Amended Complaint and the Counterclaim (Cross-Complaint), 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 the settlement has not been delivered, this order shall stand vacated and the action shall forthwith be restored to the calendar to be set for trial.

20050927

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