Dugan v. Bank of America et al

Filing 53

ORDER RELIEVING COUNSEL, AND CONTINUING HEARING ON ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 6/16/2016 at 01:30 PM. Signed by Judge Richard Seeborg on 5/23/16. (cl, COURT STAFF) (Filed on 5/23/2016)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10

KEVIN DUGAN,

Case No. 13-cv-00405-RS

Plaintiff,
11
United States District Court
Northern District of California

v.
12
13

BANK OF AMERICA, et al.,

ORDER RELIEVING COUNSEL, AND
CONTINUING HEARING ON ORDER
TO SHOW CAUSE

Defendants.
14
15
16

1. Attorney James M. Finberg, of Altshuler Berzon, LLP, was appointed for the limited

17

purpose of representing plaintiff at mediation. The mediation resulted in a settlement. Good

18

cause appearing, Feinberg and the Altshuler firm are relieved from any further obligation to

19

represent plaintiff herein.

20

2. Defendant has filed a motion to enforce the settlement agreement, asserting that it has

21

fully performed its obligations thereunder, but that plaintiff has refused to dismiss the action

22

unless defendant complies with certain other demands, not set out in the settlement agreement.

23

That motion is set for hearing on June 16, 2016. Plaintiff filed no opposition to that motion, and

24

the deadline for doing so has expired.

25

3. In light of the settlement, an order previously issued requiring the parties to file a

26

stipulation of dismissal no later May 23, 2016, or to appear on May 26, 2016 and show cause why

27

the matter should not be dismissed.

28

4. To avoid any uncertainty, and in the interest of judicial efficiency, the hearing on the

1

order to show cause is hereby continued until June 16, 2016, to be heard concurrently with the

2

motion to enforce settlement. If plaintiff has any reason that this action should not be dismissed,

3

he must file a written opposition to dismissal no later than June 9, 2016. In the event plaintiff files

4

no such opposition, the hearing will be taken off calendar and the action will be dismissed without

5

further notice.

6
7
8

IT IS SO ORDERED.

9
10

United States District Court
Northern District of California

11
12

Dated: May 23, 2016
______________________________________
RICHARD SEEBORG
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CASE NO.

2

13-cv-00405-RS