United States District Court, N.D. California
October 25, 2005.
DERRICK ROSS Plaintiff,
GAYLORD INDIA RESTAURANT, et al. Defendants.
The opinion of the court was delivered by: ELIZABETH LAPORTE, Magistrate Judge
ORDER OF CONDITIONAL DISMISSAL
The parties hereto, by their counsel, having advised the Court
that they have reached a settlement in this case, and having
filed a copy of that settlement agreement with the Court,
IT IS HEREBY ORDERED that this case is dismissed without
prejudice, with leave to reinstate on or before January 23, 2006
for the purpose of proceeding with the litigation in the event
that Defendants do not pay to Plaintiff the consideration
required under the terms of the settlement agreement prior to
that date. In the event a request to reinstate the case is not
filed and served on opposing counsel on or before the foregoing
date, the dismissal will be with prejudice.
All hearings on pending motions accordingly are vacated.
IT IS SO ORDERED.
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