Free Terminate Deadlines and Hearings - District Court of Arizona - Arizona

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Case 2:03-cv-02377-NVW Document 55 Filed 08/31/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) Robert Dieleman and Kathleen Dieleman,) ) ) Defendants. ) ) Mardian Industries No. 2,

No. CV 03-2377 PHX NVW ORDER

The court has received the parties' Notice of Settlement and Request to Vacate Pretrial Conference (doc. # 54). The court will vacate the pretrial conference set for August 29, 2005. However, the court will require submission of settlement documentation in 45 days rather than leave this case pending until December 15, 2005. The parties' Notice fairly suggests that the parties intend to enter into a binding settlement agreement in advance of December 15, 2005. Therefore, the parties may provide for a binding disposition of this action at the same time that they effectuate their binding agreement for settlement, even if that agreement contains executory terms. IT IS THEREFORE ORDERED that this matter will be dismissed without prejudice on or after November 15, 2005, unless prior thereto a request for reinstatement on the court's trial calendar is filed. IT IS FURTHER ORDERED vacating the pretrial conference set August 29, 2005.

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IT IS FURTHER ORDERED all pending motions are denied without prejudice with leave to reinstate should the parties fail to finalize the settlement agreement. DATED this 31st day of August, 2005.

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