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Phifer v. California Dep't of Corrections

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 18, 2007

DANIEL W. PHIFER, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, DEFENDANT.

The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER (1) GRANTING DEFENDANT'S MOTION TO WITHDRAW PENDING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE

Presently before the Court is Defendant's motion to withdraw its pending motion for summary judgment. [Doc. No. 36.] On August 21, 2007, Defendant filed its motion for summary judgment. [Doc. No. 13.] Subsequently, the parties engaged in mediation, which ultimately led to an agreement in principle to settle the case. [Def.'s Motion at 2.] The written settlement agreement is being finalized, and the settlement is contingent upon approval by the United States Bankruptcy Court for the Southern District of California (In Re Daniel W. Phifer, Jr., Case No. 06-00765). [Id.]

Due to this settlement agreement, Defendant requests that the Court grant its motion to withdraw its pending motion for summary judgment. Defendant also requests that the withdrawal be without prejudice so that it can re-notice the motion for hearing if the Bankruptcy Court fails to approve the settlement, or if other issues arise that prevent the finalization of the settlement.

Good cause appearing, this Court GRANTS Defendant's motion to withdraw its pending motion for summary judgment without prejudice. Defendant SHALL notify the Court in the event that the Bankruptcy Court approves the settlement.

IT IS SO ORDERED.

20071218

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