North Coast Dist. Inc., et al v. Wal-Mart Stores, Inc.,

Filing 28

ORDER TO SHOW CAUSE re Settlement. Stipulated Dismissal or Joint Statement Response due by 12/12/2008. Order to Show Cause Hearing set for 12/22/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 11/25/2008. (ecg, COURT STAFF) (Filed on 11/25/2008)

1 2 3 4 5 6 7 8 9 10 North Coast Dist. Inc., et al, v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-00655 JW ORDER TO SHOW CAUSE RE: SETTLEMENT

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

Wal-Mart Stores, Inc., Defendant. /

This case is presently scheduled for a Preliminary Pretrial Conference on December 1, 2008. To date, the parties have failed to file the required Joint Preliminary Pretrial Statement which was due on November 21, 2008. Upon an independent examination of the docket, the Court found that on August 21, 2007, Magistrate Judge Seeborg issued an Minute Order indicating that above-entitled matter has reached a settlement and that the settlement was placed on the record. (See Docket Item No. 27.) In light of the settlement, the Court vacates all trial and pretrial dates. On or before December 12, 2008, 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, all parties shall appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca. on December 22, 2008 at 9:00 a.m. and to show cause, if any, why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(b). On or before December 12, 2008, the parties 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 the parties for finalizing the settlement and how much additional time is requested to finalize and file the

1 2 3 4 5 6 7 8 9 10

dismissal. 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.

Dated: November 25, 2008

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

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Laura M. Franco [e-mail] Ray Khem Shahani [e-mail] Susan E Hollander [e-mail] Dated: November 25, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia 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