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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JULIANA P. FISHER, 8 Plaintiff, 9 10 United States District Court Northern District of California 11 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. 12 13 On August 31, 2023, the parties filed a joint notice of settlement. (Dkt. No. 24.) At the 14 request of the parties, the undersigned vacated all remaining case deadlines and ordered Plaintiff 15 to file a motion for attorneys’ fees by October 16, 2023. (Dkt. No. 25.) 16 Plaintiff did not timely file a motion for attorneys’ fees. On October 17, 2023, the Court 17 ordered Plaintiff to file a dismissal within 60 days of the order, absent any extension ordered by 18 the Court, such that the last day to file the dismissal was December 18, 2023. (Dkt. No. 26.) No 19 dismissal was filed, and Plaintiff did not seek an extension of time to do so. 20 Accordingly, Plaintiff is ordered to show cause by February 12, 2024 why this case should 21 not be dismissed with prejudice. Alternatively, Plaintiff may file a dismissal with prejudice. The 22 failure to timely respond to this order to show cause will result in this case being dismissed with 23 prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). 24 25 26 27 28 IT IS SO ORDERED. Dated: February 6, 2024 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge

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