Cabrera v. Bay Area Credit Services

Filing 39

ORDER VACATING ORDER TO SHOW CAUSE RE: SANCTIONS; SETTING ORDER TO SHOW CAUSE RE: SETTLEMENT PAYMENT AND STIPULATED DISMISSAL. The Show Cause Hearing set for 7/13/2009 is VACATED. On or before 7/20/2009, Defendant shall tender the Settlement Payment and attorney fees and costs as awarded by the Court to Plaintiff. The parties shall file a Stipulated Dismissal free of any contingent due by 8/10/2009. Order to Show Cause Hearing set for 8/31/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Please see Order for further specifics. Signed by Judge James Ware on 7/7/2009. (ecg, COURT STAFF) (Filed on 7/8/2009)

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UNIT ED S S DISTRICT TE C TA ER N F D IS T IC T O R ORDER VACATING ORDER TO SHOW CAUSE RE: SANCTIONS; SETTING HEARING ON ORDER TO SHOW CAUSE RE: SETTLEMENT PAYMENT AND STIPULATED DISMISSAL Based on the parties' separate responses to the Court's Order to Show Cause re: Sanctions (Docket Item Nos. 36, 38), the Court finds good cause to VACATE its Order to Show Cause and hearing set for July 13, 2009. However, the Court finds that the Stipulated Dismissal as filed (Docket Item No. 37) is incomplete since it is contingent upon Defendant's payment of the Settlement Agreement and attorney fees as awarded by the Court. Accordingly, the Court sets an Order to Show Cause hearing re: Settlement Payment and Stipulated Dismissal for August 31, 2009 at 9 a.m. On or before July 20, 2009, Defendant shall tender the Settlement Payment and attorney fees and costs as awarded by the Court to Plaintiff. On or before August 10, 2009, the parties shall file a Stipulated Dismissal free of any contingent. Dated: July 7, 2009 _______________________________ JAMES WARE United States District Judge A C LI FO mes Wa Judge Ja re R NIA OO IT IS S D RDERE RT U O NO RT H

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