Fisher v. Nissan North America, Inc.

Filing 27

ORDER TO SHOW CAUSE re: 24 25 26 , Signed by Judge Kandis A. Westmore on 2/6/2024. Show Cause Response due by 2/12/2024. (wft, COURT STAFF) (Filed on 2/6/2024)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JULIANA P. FISHER,

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Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 4:22-cv-02849-KAW
ORDER TO SHOW CAUSE TO
PLAINTIFF
Re: Dkt. Nos. 24, 25, 26

NISSAN NORTH AMERICA, INC.,
Defendant.

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On August 31, 2023, the parties filed a joint notice of settlement. (Dkt. No. 24.) At the

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request of the parties, the undersigned vacated all remaining case deadlines and ordered Plaintiff

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to file a motion for attorneys’ fees by October 16, 2023. (Dkt. No. 25.)

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Plaintiff did not timely file a motion for attorneys’ fees. On October 17, 2023, the Court

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ordered Plaintiff to file a dismissal within 60 days of the order, absent any extension ordered by

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the Court, such that the last day to file the dismissal was December 18, 2023. (Dkt. No. 26.) No

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dismissal was filed, and Plaintiff did not seek an extension of time to do so.

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Accordingly, Plaintiff is ordered to show cause by February 12, 2024 why this case should

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not be dismissed with prejudice. Alternatively, Plaintiff may file a dismissal with prejudice. The

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failure to timely respond to this order to show cause will result in this case being dismissed with

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prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: February 6, 2024
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KANDIS A. WESTMORE
United States Magistrate Judge