Aquino v. Rasavi et al

Filing 36

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED - Show Cause Response due by 4/9/2018. Signed by Judge William H. Orrick on 03/01/2018. (jmdS, COURT STAFF) (Filed on 3/1/2018)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JORGE AQUINO, Plaintiff, 5 6 7 Case No. 16-cv-03167-WHO (PR) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED v. E. RASAVI, Defendant. 8 9 10 Plaintiff Jorge Aquino is ordered to show cause on or before April 9, 2018 why this United States District Court Northern District of California 11 action should not be dismissed for failure to prosecute. Defendant has informed the Court 12 that the parties have reached a settlement and that he is waiting for plaintiff Aquino to sign 13 the settlement agreement. However, the case was reported settled in October 2017. (Dkt. 14 No. 35.) It is now March 2018. It appears from this delay that Aquino is failing to 15 prosecute this action as he is required to do. Accordingly, on or before April 9, 2018, 16 Aquino must either (1) sign the agreement, provide defendant with a copy of the signed 17 agreement, and inform this Court in writing that he has signed the agreement; or (2) inform 18 the Court that he has declined to sign the agreement and wishes to proceed to summary 19 judgment. Failure to file an appropriate and timely response to this order will result in the 20 dismissal of this action with prejudice for failure to prosecute. No extensions of time will 21 be granted. 22 23 24 25 26 27 28 If Aquino signs the agreement and sends defendant a copy, the Court assumes the parties will file a stipulation for voluntary dismissal within a very short time thereafter. IT IS SO ORDERED. Dated: March 1, 2018 _________________________ WILLIAM H. ORRICK United States District Judge

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