Holmes v. Denny's, Inc. et al

Filing 29

ORDER TO SHOW CAUSE re Settlement. Order to Show Cause Hearing set for 8/30/2010 09:00 AM. Joint Status Statement or Stipulated Dismissal due by 8/16/2010. 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. ***CMC Deadlines terminated. Signed by Judge James Ware on 7/8/2010. (ecg, COURT STAFF) (Filed on 7/8/2010)

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Holmes v. Denny's, Inc. et al Doc. 29 1 2 3 4 5 6 7 8 9 10 Florine Holmes, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-04785 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 Denny's, Inc., et al., Defendants. / This case is scheduled for a Case Management on July 12, 2010. Pursuant to the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly submitted a Joint Case Management Conference Statement. (hereafter, "Statement," Docket Item No. 28.) In their Statement, the parties represent that they have executed a settlement agreement resolving all claims in the case, and that they "do not expect any further action by the court." (Id. at 1.) In light of the settlement, the Court vacates all trial and pretrial dates. On or before August 16, 2010, 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 August 30, 2010 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 August 16, 2010, 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. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 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: July 8, 2010 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: Brian Gearinger brian@gearingerlaw.com Brian Thomas McMillan bmcmillan@littler.com Celia Louise McGuinness cmcguinness@reinlawoffice.com Paul Leslie Rein reinlawoffice@aol.com Todd Kenneth Boyer tboyer@littler.com Dated: July 8, 2010 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

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