ORDER RE CONTINUING OSC RE DISMISSAL

S. JAMES OTERO, District Judge.

The parties have notified the Court that they have reached a settlement and that they have fully executed the settlement agreement and related documents. The parties have further advised the court of the following:

a) The settlement agreement requires defendant L.A. Checker Cab Cooperative, Inc. to make its initial down payment on or before January 4, 2017 and provides L.A. Checker Cab with a ten day period within which to cure any default;

b) The settlement agreement requires plaintiff ProCentury Insurance Company to dismiss its complaint without prejudice within ten days of receipt of L.A. Checker Cab's initial down payment and requires L.A. Checker Cab to dismiss its counterclaim as well;

c) The settlement agreement provides that the Court shall retain jurisdiction to enforce the terms of the settlement, including the stipulated judgment should L.A. Checker Cab fail to comply with the terms of the settlement agreement;

Therefore, the Court orders as follows:

a) The pre-trial conference and trial dates are vacated;

b) The Order to Show Cause re Dismissal is continued from December 12, 2016 to January 24, 2017 at 8:30 am. A joint report is due to be filed on January 17, 2017. If the parties file the appropriate dismissal pursuant to F.R.C.P. 41 prior to the OSC hearing date, the Order to Show Cause re Dismissal will be taken off the Court's calendar.

IT IS SO ORDERED.