Cabrera v. Bay Area Credit Services

Filing 20

ORDER TO SHOW CAUSE RE SETTLEMENT; ORDER REFERRING MOTION re 91 Notice of Settlement: Show Cause Response or Stipulated Dismissal due by 5/1/2009. Order to Show Cause Hearing set for 5/11/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon . James Ware. The Court refers Plaintiff's anticipated petition for attorney fees under FDCPA to Magistrate Judge Lloyd for a report and recommendation. The Court reserves for Judge Lloyd the determination of an appropriate briefing schedule. Signed by Judge James Ware on 3/19/2009. (ecg, COURT STAFF) (Filed on 3/20/2009) Modified docket text on 3/20/2009 (ecg, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 Joel Cabrera, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-03761 JW ORDER TO SHOW CAUSE RE: SETTLEMENT; REFERRING PETITION FOR ATTORNEY FEES TO THE ASSIGNED MAGISTRATE JUDGE FOR REPORT AND RECOMMENDATION

United United States District Court

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For the Northern District of California

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Bay Area Credit Services, Defendant. /

On February 26, 2009, the parties informed the Court that the above-entitled matter has reached a settlement. (See Docket Item No. 19.) In light of the settlement, the Court vacates all trial and pretrial dates. On or before May 1, 2009, 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 May 11, 2009 at 9 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 May 1, 2009, 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 dismissal. If a voluntary dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated.

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In their Notice of Settlement, the parties set forth a briefing schedule for Plaintiff's attorney fees petition. The Court refers Plaintiff's anticipated petition for attorney fees under FDCPA to Magistrate Judge Lloyd for a report and recommendation. Accordingly, the Court reserves for Judge Lloyd the determination of the an appropriate briefing schedule. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action.

Dated: March 19, 2009

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew M. Steinheimer [e-mail] Darrell Warren Spence [e-mail] Nicholas Joseph Bontrager [e-mail]

Dated: March 19, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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