Exist Inc v. Shoreline Wear Inc et al

Filing 108

ORDER RE JOINT STIPULATION TO CONTINUE ORDER TO SHOW CAUSE RE DISMISSAL HEARING DATE; AND ORDER DISMISSING CASE WITHOUT PREJUDICE by Judge John A. Kronstadt 107 Case Terminated. Made JS-6. Refer to the Court's order for details. (pso)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EXIST INC., a Florida corporation,

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Plaintiff,

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SHORELINE WEAR, INC., a New
York Corporation; MARIO’S OF
PALM SPRINGS, a business entity of
unknown form; NATIONAL STORES,
INC., a California Corporation;
WESTERN PACIFIC
INTERNATIONAL, a business entity
of unknown form; and DOES 1 through
50 [sic], inclusive,

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Assigned to: Hon. John A. Kronstadt
United States District Judge
Referred to: Hon. Andrew J. Wistrich
United States Magistrate Judge

v.

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Case No. 2:14-cv-08358-JAK-(AJWx)

Defendants.

ORDER RE JOINT STIPULATION
TO CONTINUE ORDER TO SHOW
CAUSE RE DISMISSAL HEARING
DATE; AND ORDER DISMISSING
CASE WITHOUT PREJUDICE
JS-6
Old OSC Date:
New OSC Date:

1/25/16
2/29/16

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On January 19, 2016, Plaintiff EXIST INC. and Defendants SHORELINE

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WEAR, INC., NATIONAL STORES, INC., and WESTERN PACIFIC

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INTERNATIONAL (collectively, the “Parties”) filed their Joint Stipulation to

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Continue Order to Show Cause re Dismissal Hearing Date (the “Stipulation”).

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Having duly considered the Stipulation and declarations submitted by counsel for

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the Parties, IT IS HEREBY ORDERED:

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In light of the parties’ having finalized the settlement agreement, the Court

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orders the action dismissed without prejudice. The Court retains jurisdiction to

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vacate this Order and to reopen the action within 45 days from the date of this Order;

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provided, however, any request by any party(ies) that the Court do so, shall make a

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showing of good cause as to why the settlement has not been completed within the

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45-day period, what further settlement processes are necessary, and when the

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party(ies) making such a request reasonably expect the process to be concluded.

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This Order does not preclude the filing of a stipulation of dismissal with prejudice

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pursuant to Fed. R. Civ. P. 41, which does not require the approval of the Court.

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Such a stipulation shall be filed within the aforementioned 45-day period, or by such

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later date ordered by the Court pursuant to a stipulation by the parties that conforms

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the requirements of a showing of good cause stated above. Accordingly, the January

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25, 2016 Order to Show Cause re Dismissal Hearing is vacated.

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DATED: January 21, 2016

BY: _______________________________
Hon. John A. Kronstadt, U.S. District Judge

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