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Armstrong v. Tug

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 6, 2008

DAVID ARMSTRONG, PLAINTIFF(S),
v.
BRUSCO TUG AND BARGE, DEFENDANT(S).

The opinion of the court was delivered by: Phyllis J. Hamilton United States District Judge

ORDER OF DISMISSAL

The parties hereto, by their counsel, having advised the court that they have agreed to a settlement of this cause, IT IS HEREBY ORDERED that this cause of action is dismissed without prejudice; provided, however that if any party hereto shall certify to this court, within ninety (90) days, with proof of service thereof, that the agreed consideration for said settlement has not been delivered over, the foregoing order shall stand vacated and this cause shall forthwith be restored to the calendar to be set for trial.

If no certification is filed, after passage of ninety (90) days, the dismissal shall be with prejudice.

The pretrial conference and trial date are VACATED.

IT IS SO ORDERED.

20081106

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