NOTICE OF CONDITIONAL SETTLEMENT; ORDER

KANDIS A. WESTMORE, Magistrate Judge.

TO THE COURT:

The parties herein submit this Notice of Conditional Settlement to notify the Court that the lawsuit has been settled contingent upon consideration being remitted over the course of one year, and to request time in which to file the dismissal. Pursuant to the settlement agreement, Defendants and Counterclaimants Stephen Vogel and Bennett Valley Properties, LLC will make structured installment payments, concluding with a final payment on January 17, 2015. The parties request 45 days from the date of the final payment in which to file the dismissal.

The parties further stipulate and agree (subject to the Court's approval) that the continued Scheduling Conference set for April 1, 2014 at date and all dates set in the Pretrial Order for Jury Trial issued by the court on November 20, 2013 are no longer necessary as the action will be awaiting Dismissal.

In the interest of not wasting judicial and attorney resources, the parties therefore respectfully request that the upcoming hearing in this matter be vacated based on the settlement.

ORDER

Based upon the foregoing Stipulation and good cause appearing, IT IS SO ORDERED AS FOLLOWS:

(1) The Case Management Conference currently scheduled for April 1, 2014 at 1:30 PM, as well as the trial date and all dates set in the Pretrial Order for Jury Trial issued by the court on November 20, 2013 are VACATED; and

(2) The Parties shall file a dismissal with prejudice of the within action in its entirety no later than March 3, 2015.