1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 The court has before it plaintiff's motion for continuance of date for dismissal (doc. 17 160). But the parties filed a notice of settlement in this case. The claims in this case have 18 already been extinguished by their settlement agreement. Thus, extending the dismissal date 19 would serve no purpose because in no event would this case be tried. If the parties breach 20 the settlement agreement, they would have to proceed by way of separate and independent 21 action on the settlement agreement. Accordingly, IT IS ORDERED DENYING plaintiff's 22 motion for continuance of date of dismissal (doc. 160). IT IS FURTHER ORDERED 23 dismissing this action with prejudice for the reason that this case has been settled. 24 25 26 27 28
Case 2:04-cv-00347-FJM Document 161 Filed 04/14/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA I N S U R A N C E) ) ) ) Plaintiff, ) vs. ) C O R R E C T I O N A L M E D I C A L) ) SERVICES, INC., et al., ) ) Defendants. ) ) NORTHLAND COMPANY, No. CV-04-347-PHX-FJM ORDER
DATED this 13th day of April, 2006.