American Automobile Association, (Incorporated) v. Peck

Filing 14

ORDER DISCHARGING 11 Order to Show Cause; ORDER AFTER 13 NOTICE OF SETTLEMENT, signed by Magistrate Judge Jennifer L. Thurston on 11/15/2016. All pending dates, hearings and conferences are VACATED. Stipulated dismissal due by 12/16/2016. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

AMERICAN AUTOMOBILE
ASSOCIATION,

12

Plaintiff,

13
14

v.
STEVEN PECK,

15
Defendant.

16

)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-01259 DAD JLT
ORDER DISCHARGING ORDER TO SHOW
CAUSE
ORDER AFTER NOTICE OF SETTLEMENT

Because there was no evidence the matter was moving forward, the Court ordered the plaintiff

17
18

to show cause why sanctions should not be imposed for failure to prosecute the action. (Doc. 11)

19

AAA responded and explained that the parties had developed a remedial plan that would resolve the

20

matter but that the remedial actions had not yet been completed. (Doc. 12) Counsel reported that AAA

21

had agreed not to seek entry of default while the remedial efforts were underway. Id.
On November 14, 2016, the plaintiff filed a notice of settlement and reported that the matter

22
23

would be dismissed within a week. (Doc. 13) Therefore, the Court ORDERS:

24

1.

The order to show cause is DISCHARGED;

25

2.

The stipulation to dismiss the action SHALL be filed no later than December 16, 2016;

26

3.

All pending dates, conferences and hearings are VACATED.

27

///

28

///
1

1
2

The parties are advised that failure to comply with this order may result in the imposition of
sanctions, including the dismissal of the action.

3
4
5
6

IT IS SO ORDERED.
Dated:

November 15, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2