Delgado v. Bank of America Corporation, et al.

Filing 47

ORDER DIRECTING plaintiff to file a motion pursuant to Rules 41(a)(1)(ii) or 41(a)(2) by 4/26/2010 at 4:00 p.m. and SETTING a Show Cause Hearing for 5/3/2010 at 03:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; order signed by Chief Judge Anthony W. Ishii on 4/12/2010. (Rooney, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On March 2, 2010, Plaintiff Fernando Delgado ("Plaintiff") filed a notice of settlement. 18 Plaintiff informed the court that settlement documents, including a dismissal of the action with 19 prejudice, would be filed before April 5, 2010. See Doc. No. 45. Plaintiff has not filed any 20 dispositional documents with the court. Pursuant to Local Rule 160, Plaintiff must file 21 dispositional documents within 21 days from the date of filing a notice of settlement. Plaintiff 22 has not timely filed his settlement and dismissal documents in compliance with L.R. 160. 23 The court will order Plaintiff to file his settlement documents and motion pursuant to 24 Rules 41(a)(1)(ii) or 41(a)(2) by April 26, 2010 before 4:00 p.m. 25 The court forewarns Plaintiff that the failure to file dispositional papers on the date 26 prescribed by the court may be grounds for sanctions. See L.R. 160. 27 28 ) ) Plaintiff, ) ) v. ) ) BANK OF AMERICA CORP., ) COUNTRYWIDE HOME LOANS INC., ) RECONSTRUCT COMPANY, AND ) DOES 1-50, ) ) Defendants. ) ____________________________________) FERNANDO DELGADO, NO. 1:09-CV-1638-AWI-DLB ORDER REQUIRING PLAINTIFF TO FILE DISMISSAL MOTION AND SETTLEMENT DOCUMENTS BY APRIL 26, 2010 BEFORE 4:00 P.M. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORDER Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff is ordered to file a motion pursuant to Rules 41(a)(1)(ii) or 41(a)(2) by April 26, 2010 before 4:00 p.m.; and 2. A hearing on the order to show cause will be held on May 3, 2010, at 3:00 p.m. in Courtroom 2.1
I T IS SO ORDERED. D a ted : 0m8i78 April 12, 2010 /s/ Anthony W . Ishii C H I E F UNITED STATES DISTRICT JUDGE

Depending on the Plaintiff's filings, this hearing may be unnecessary. 2