Brooke v. Capri Motel, LLC

Filing 7

ORDER DISCHARGING 4 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 4/12/2018. Request to enter default or motion to enforcement settlement due by 5/4/2018. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THERESA A. BROOKE, Plaintiffs, 12 ORDER DISCHARGING ORDER TO SHOW CAUSE v. 13 14 Case No. 1:18-cv-00062 LJO JLT APRIL MOTEL, LLC, Defendant. 15 16 17 In response to the Court’s order to show cause, the plaintiff has filed proof of service of the 18 summons and complaint. (Doc. 6) In addition, she explains that the matter had settled with the 19 agreement requiring the defendant to make certain modifications to the property and to pay a sum 20 to the plaintiff. (Doc. 5; Doc. 5-2 at 1). Plaintiff reports that the defendant, since signing the 21 settlement agreement, has refused to comply with the terms of the agreement and she will move 22 the Court for an order enforcing the settlement. Therefore, the Court ORDERS: 1. 23 24 /// 25 /// 26 /// 27 /// 28 The order to show cause is DISCHARGED; /// 1 1 2. No later than May 4, 2018, the plaintiff SHALL either seek default against the 2 defendant or file her motion for enforcement of the settlement agreement. If she moves the Court 3 to enforce the settlement agreement, she SHALL support her motion with legal authorities that 4 demonstrate the Court’s authority to act, given the factual posture of this case. 5 6 7 8 IT IS SO ORDERED. Dated: April 12, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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