Andrew Lockhart et al v. Jay R. Delaney et al

Filing 24

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 6/8/2017 10:00 AM. Show Cause Response due by 5/25/2017. Signed by Judge Maria-Elena James on 5/15/2017. (mejlc2S, COURT STAFF) (Filed on 5/15/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREW LOCKHART, ET AL.,
Plaintiffs,

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United States District Court
Northern District of California

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v.

Case No. 16-cv-01583-MEJ
ORDER TO SHOW CAUSE
Re: Dkt. No. 23

JAY R DELANEY, et al.,
Defendants.

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On September 7, 2016, the Court dismissed this action without prejudice in light of a

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settlement the parties reached through mediation. Dismissal Order, Dkt. No. 19; see Dkt. No. 18.

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The Court stated that

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if any party hereto shall certify to this Court, within ninety (90)
days, with proof of service thereof, that the agreed consideration for
said settlement has not been delivered over, the foregoing order shall
stand vacated and this cause shall forthwith be restored to the
calendar to be set for trial. If no certification is filed after passage of
ninety (90) days, the dismissal shall be with prejudice.

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Id. (italics added; bold in original). The deadline to certify that a party was in violation of the

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settlement was December 6, 2016; no party filed a certification. See Docket.

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On April 10, 2017, Plaintiffs Andrew Lockhart and Lesley Lockhart (collectively,

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“Plaintiffs”) filed a Motion to Reopen this action to enter judgment against Defendants based on

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Defendants’ alleged failure to fulfill their part of the settlement. Mot., Dkt. No. 23. Plaintiffs do

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not acknowledge the Court’s Dismissal Order, nor do they address the impact it has on their

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Motion. See Mot.

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Accordingly, the Court VACATES the May 18, 2017 hearing1 on the Motion and

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ORDERS Plaintiffs to show cause why it may enter judgment against Defendants given that this

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case was dismissed with prejudice as of December 6, 2016. Plaintiffs shall file a declaration by

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May 25, 2017. If a responsive declaration is filed, the Court shall either issue an order based on

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the declaration or conduct a hearing on June 8, 2017 at 10:00 a.m. in Courtroom B, 15th Floor,

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450 Golden Gate Avenue, San Francisco, California. Notice is hereby provided that failure to file

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a written response will be deemed an admission that Plaintiffs do not intend to proceed, and the

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Court will deny their Motion with prejudice.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: May 15, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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The cover page of the Motion indicates a hearing is scheduled for May 18, 2017 (see Mot. at 1);
however, Plaintiffs failed to calendar the Motion for a hearing when they filed it using the Court’s
electronic filing system.
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