AXL Musical Instruments Co., LTD. v. VHT Amplification, Inc.

Filing 38

ORDER TO SHOW CAUSE re Settlement. The Court terminates all pending trial and pretrial dates. Show Cause Response OR Stipulated Dismissal due by 1/16/2009. Order to Show Cause Hearing set for 1/26/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 12/18/2008. (ecg, COURT STAFF) (Filed on 12/18/2008)

1 2 3 4 5 6 7 8 9 10 AXL Musical Instruments Co., Ltd., v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-03947 JW ORDER TO SHOW CAUSE RE: SETTLEMENT

United United States District Court

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For the Northern District of California

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VHT Amplification, Inc., Defendant. /

On December 12, 2008, the parties informed the Court that the above-entitled matter has reached a settlement. (See Docket Item No. 37.) In light of the settlement, the Court vacates all trial and pretrial dates, including the Case Management Conference currently set for December 22, 2008. On or before January 16, 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 January 26, 2009 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 January 16, 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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Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action.

Dated: December 18, 2008

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: Clark S. Stone [e-mail] Edward Chungfan Kwok [e-mail] Meagan Marina McKinley-Ball [e-mail] Nicholas A. Carlin [e-mail] Dated: December 18, 2008 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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