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Justin Cady v. City of Turlock

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO


November 8, 2012

JUSTIN CADY,
PLAINTIFF,
v.
CITY OF TURLOCK, TURLOCK POLICE OFFICERS JASON TOSTA, INDIVIDUALLY, INDIVIDUALLY, KIM BRIGGS, INDIVIDUALLY, AND DOES 1 THROUGH 30, ELAPSE JOINTLY AND SEVERA Y S LL , DEFENDANTS.

The opinion of the court was delivered by: Hon. John A. Mendez U. S. District Court Judge

ORDER ON NOTICE OF SETTLEMENT, GRANTING EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT AND ORDERING DISMISSAL OF ACTION WITH PREJUDICE AFTER SPECIFIED TIME PERIOD

Having considered Plaintiff's Notice of Settlement and accompanying Request for Extension of Time to serve the Summons and Complaint and Plaintiff's Request for Dismissal

With Prejudice after a specified time period elapses, and good cause appearing therefore, IT IS HEREBY ORDERED that (1) The time for service to be effected on the named Defendants is extended to December 27, 2012; (2) The Complaint shall be dismissed in its entirety, with prejudice, in view of the settlement of this matter, on or after January 7, 2013, unless the Plaintiff certifies to this Court prior to January 7, 2013 that the agreed upon consideration for the settlement of this matter has not been delivered over, in which case the case shall not be dismissed.

IT IS SO ORDERED.

John A. Mendez

20121108

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