Collins v. Federal Express

Filing 27

ORDER TO SHOW CAUSE re Settlement. Show Cause Response or Dismissal due by 11/7/2008. Order to Show Cause Hearing set for 11/17/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 10/15/2008. (ecg, COURT STAFF) (Filed on 10/15/2008)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This case is scheduled for a Preliminary Pretrial Conference on October 20, 2008. Pursuant to the Court's Scheduling Order, the parties were to file a Joint Preliminary Pretrial Statement on or before October 10, 2008. (See Docket Item No. 24.) To date, the parties have failed to file the required Joint Statement. On its own motion, the Court contacted the parties and was informed by Mr. David Wilson, counsel for Defendant Federal Express, that above-entitled matter has reached a settlement. In light of the settlement, the Court vacates all trial and pretrial dates. On or before November 7, 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 November 17, 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 November 7, 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 v. Federal Express, et al., Defendants. / Kevin Collins, Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. C 07-01532 JW ORDER TO SHOW CAUSE RE: SETTLEMENT 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: October 15, 2008 JAMES WARE United States District Judge 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: David Sidney Wilson dswilson@fedex.com Waukeen Quandrico McCoy mccoylawsf@yahoo.com Angela Alioto, murlene@randlelawoffices.com Dated: October 15, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy 3

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