United States District Court, N.D. California
November 28, 2005.
ZELDA WEICHARDT, et al, Plaintiffs,
TOMMY G THOMPSON, Secretary of Health and Human Services, Defendant.
The opinion of the court was delivered by: VAUGHN WALKER, District Judge
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.
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