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Bakker v. Osborn

September 2, 2008

PETE BAKKER, AN INDIVIDUAL, PLAINTIFF,
v.
WADE OSBORN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER DENYING PENDING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE TO RE-NOTICING MOTION ORDER VACATING SEPTEMBER 8, 2008 HEARING

(Document #18)

In this action, Defendants filed a motion for summary judgment, and this motion was set for hearing to be held on September 8, 2008. On August 19, 2008, Plaintiff filed a notice stating that this action has settled. The notices states that the parties are in the process of finalizing the settlement and they will file a request to dismiss this action no later than October 15, 2008.

In light of the parties' settlement, the court ORDERS that:

1. Defendants' motion for summary judgment is DENIED without prejudice to Defendants re-noticing this motion if the settlement is not finalized;

2. The September 8, 2008 hearing date is VACATED; and

3. The parties are ORDERED to file either a stipulated dismissal of this action or a status report by October 15, 2008.

IT IS SO ORDERED.

20080902

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