Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

WEICHARDT v. THOMPSON

United States District Court, N.D. California


November 28, 2005.

ZELDA WEICHARDT, et al, Plaintiffs,
v.
TOMMY G THOMPSON, Secretary of Health and Human Services, Defendant.

The opinion of the court was delivered by: VAUGHN WALKER, District Judge

ORDER

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.

20051128

© 1992-2005 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.