IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 11, 2012
MITSUI O.S.K. LINES, LTD. PLAINTIFF,
COHESION FREIGHT (HK) LIMITED AND DOES 1 THROUGH 20, DEFENDANTS.
The opinion of the court was delivered by: United States District Judge Charles R. Breyer
STIPULATED CONDITIONAL DISMISSAL WITH PREJUDICE;
PROPOSED ORDER THEREON
Plaintiff MITSUI O.S.K. LINES, LTD and defendant COHESION FREIGHT (HK) LIMITED hereby stipulate through their designated counsel that the above-captioned action 26 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 28 conditions of settlement being satisfied, and further that this action may be reinstated if they are 2 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 necessary to enforce the terms of 4 settlement and consistent herewith. The parties respectfully request that this document supersede 5 the Order of Dismissal filed by this Court on December 14, 2011. 6 7
DATED: January 9, 2012 FLYNN, DELICH & WISE LLP 8 /s/ By: __________________________ Erich P. Wise Conte C. Cicala FLYNN, DELICH & WISE LLP 10 11 Attorneys for Plaintiff 43 SANSOME STREET, SUITE 540 SAN FRANCISCO, CALIFORNIA 94104 MITSUI O.S.K. LINES, LTD. ATTORNEYS AT LAW (415) 693-5566 13 DATED: January 9, 2012 CHALOS & CO., PC 14 /s/ (pursuant to electronic authority) 15 By: __________________________ George Chalos Attorneys for Defendant COHESION FREIGHT (HK) LIMITED
Pursuant to stipulation and good cause having been shown, IT IS SO ORDERED.
IT IS SO ORDERED
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