Moreno Ortega v. Nissan North America, Inc.

Filing 57

ORDER Regarding Notice of Settlement signed by Magistrate Judge Erica P. Grosjean on November 13, 2024. IT IS ORDERED as follows: 1. In light of Plaintiffs' notice of settlement, any and all deadlines and proceedings currently pending before the Court are vacated. (ECF No. 56 ). 2. The parties shall file their stipulation of dismissal by no later than February 10, 2025. (Navarro, F)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS EMMANUEL MORENO
ORTEGA,
Plaintiff,

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Case No. 1:22-cv-01581-KES-EPG

ORDER REGARDING NOTICE OF
SETTLEMENT

v.
NISSAN NORTH AMERICA, INC.,

(ECF NO. 56)

Defendant.

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On November 8, 2024, the parties filed a joint notice of settlement, stating as follows:

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PLEASE TAKE NOTICE that Plaintiff, CARLOS EMMANUEL MORENO
ORTEGA, and Defendant, NISSAN NORTH AMERICA, INC, (the “Parties”),
jointly, write to advise this Court that they have settled this matter; however, the
attorneys’ fees, costs, and expenses remain outstanding, and Plaintiff intends to
file a noticed motion. The Parties request that the Court vacate any upcoming
hearings and deadlines while the performance of the settlement terms is pending.

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Once all terms of the settlement are completed and payment is received by
Plaintiff and after payment of Plaintiff’s attorneys’ fees, costs and expenses, to be
determined by agreement of the Parties or by noticed motion, the Parties shall file
an executed Stipulation of Dismissal of the entire action with prejudice. The
Parties expect to file the dismissal papers within 90 days.
Based on the foregoing, the Parties respectfully request that the Court Order that
this action be dismissed without prejudice and the Court continue to retain
jurisdiction over this action to enforce the terms of the settlement agreement.
(ECF No. 56).
As a notice of settlement has been filed, the Court will vacate any and all deadlines and
proceedings currently pending before the Court. However, rather than dismiss this action now, the
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Court will wait to dismiss the action until after the parties file their upcoming stipulation of

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dismissal.

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Accordingly, IT IS ORDERED as follows:
1. In light of Plaintiffs’ notice of settlement, any and all deadlines and proceedings currently

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pending before the Court are vacated. (ECF No. 56).
2. The parties shall file their stipulation of dismissal by no later than February 10, 2025.1

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IT IS SO ORDERED.

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Dated:

November 13, 2024

/s/
UNITED STATES MAGISTRATE JUDGE

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If the parties cannot resolve outstanding issues before this time, they may request extension of this
deadline.

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