Netscape Communications Corporation et al v. Federal Insurance Company et al

Filing 33

ORDER to show cause re: settlement between Plaintiffs and Defendants Federal and Executive. (jwlc2, COURT STAFF) (Filed on 5/8/2006)

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Netscape Communications Corporation et al v. Federal Insurance Company et al Doc. 33 Case 5:06-cv-00198-JW Document 33 Filed 05/08/2006 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Netscape Communications Corporation, et al., v. Plaintiffs, NO. C 06-00198 JW ORDER TO SHOW CAUSE RE: SETTLEMENT BETWEEN PLAINTIFFS AND DEFENDANTS FEDERAL AND EXECUTIVE. United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Federal Insurance Company, et al., Defendants. / The parties have informed the Court that Plaintiffs Netscape Communications Corporation and America Online, Inc. (collectively, "Plaintiffs") and Defendants Federal Insurance Company ("Federal") and Executive Risk Speciality Insurance Company ("Executive") have reached a settlement in the above-entitled matter. In light of the settlement, the Court vacates all trial and pretrial dates as to Defendants Federal and Executive. On or before June 9, 2006, the parties shall file a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a). If a dismissal is not filed by the specified date, Plaintiffs, Federal, and Executive shall appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca. on June 26, 2006 at 9:00 a.m. and to show cause, if any, why the case between Plaintiffs, Federal, and Executive should not be dismissed pursuant to Fed. R. Civ. P. 41(b). On or before June 9, 2006, the Plaintiffs, Federal, and Executive shall file a joint statement in response to the Order to Show Cause. The joint statement shall set forth the status of the activities of Plaintiffs, Federal, and Executive for finalizing the settlement and how much additional time is requested to finalize and file the dismissal. Dockets.Justia.com Case 5:06-cv-00198-JW Document 33 Filed 05/08/2006 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 If a voluntary dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action against Federal and Executive. Nothing in this Order shall pertain to the ongoing case between Plaintiffs and Defendant St. Paul Mercury Insurance Company. Dated: May 8, 2006 06cv198oscsettlFedExec /s/ James Ware JAMES WARE United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 5:06-cv-00198-JW Document 33 Filed 05/08/2006 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Daniel J. Bergeson dbergeson@be-law.com Gordon I. Endow gendow@gordonrees.com Jeffrey M. Ratinoff jratinoff@gordonrees.com Leslie Ann Pereira lpereira@abelsonherron.com Marc G. van Niekerk mvanniekerk@be-law.com Michael Bruce Abelson mabelson@abelsonherron.com Monique M. Fuentes courtir@rdblaw.com Sara M. Thorpe sthorpe@gordonrees.com Terrence R. McInnis courtir@rdblaw.com Dated: May 8, 2006 Richard W. Wieking, Clerk By:_/s/ JW Chambers________ Melissa Peralta Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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