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Mitsui O.S.K. Lines, Ltd. v. Deltrans International Shipping Corp. and Does 1 Through 20

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 29, 2011

MITSUI O.S.K. LINES, LTD. PLAINTIFF,
v.
DELTRANS INTERNATIONAL SHIPPING CORP. AND DOES 1 THROUGH 20, DEFENDANTS.

*E-Filed 12/29/11*

ERICH P. WISE (Bar No. 63219) FLYNN, DELICH & WISE LLP 2 One World Trade Center, Suite 1800 Long Beach, CA 90831 3 Telephone: (562) 435-2626 Telecopier: (562) 437-7555 4 Email: erichw@fdw-law.com 5 CONTE C. CICALA (Bar No. 173554) 6 FLYNN, DELICH & WISE LLP 343 Sansome Street, Suite 540 7 San Francisco, CA 94104 Telephone: (415) 693-5566 8 Telecopier: (415) 693-0410 Email: contec@fdw-law.com 9 Attorneys for Plaintiff LINES, LTD. FLYNN, DELICH & WISE LLP MITSUI O.S.K. 11 343 SANSOME STREET, SUITE 540 ATTORNEYS AT LAW SAN FRANCISCO, CALIFORNIA 94104

STIPULATED CONDITIONAL DISMISSAL WITH PREJUDICE; PROPOSED ORDER THEREON

Plaintiff MITSUI O.S.K. LINES, LTD and defendant DELTRANS INTERNATIONAL SHIPPING CORP. hereby stipulate through their designated counsel that the above-captioned 25 26 action should be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(1). Such dismissal is subject to the settlement agreement between the parties and is effective and conditioned upon all conditions of settlement being satisfied, and further that this action may be reinstated if they are not, and that this Court retains personal and subject matter jurisdiction to vacate the dismissal and to preside over a reinstated action, if applicable, and as otherwise 4 necessary to enforce the terms of settlement and consistent herewith.

[PROPOSED] ORDER

Pursuant to stipulation and good cause having been shown, IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20111229

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