Bank of Montreal v. Stoughton Davidson Accountancy Corporation

Filing 24

ORDER RE 23 Show Cause Response. Plaintiff shall file a voluntary dismissal by 2/10/2012. If no dismissal is filed: Show Cause Response due by 2/14/2012. Order to Show Cause Hearing set for 2/21/2012 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 1/4/12. (hrllc1, COURT STAFF) (Filed on 1/4/2012)

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** E-filed January 4, 2012 **

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

For the Northern District of California

United States District Court

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BANK OF MONTREAL, individually and as
Administrative Agent,

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Plaintiff,
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No. C11-03245 HRL
ORDER CONTINUING SHOW CAUSE
HEARING

v.
[Re: Docket No. 23]

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STOUGHTON DAVIDSON
ACCOUNTACY CORPORATION,

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Defendant.
____________________________________/
The parties in this action have informed the court that they have yet to finalize the terms of

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their settlement. They request that the court vacate the show cause hearing and extend the time to

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file a dismissal in this action. See Dkt. No. 23. The court finds good cause to GRANT the

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continuance requested, but disfavors vacating hearing dates only to have to reset them. Therefore,

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the parties shall comply with the following schedule:

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On or before February 10, 2012, plaintiff shall file a voluntary dismissal pursuant to

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Fed.R.Civ.P. 41(a). If a dismissal is not filed, all parties shall appear in Courtroom 2, 5th Floor, 280

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South First Street, San Jose, CA 95113 on February 21, 2012, 10:00 a.m. and show cause, if any,

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why the case should not be dismissed. The parties shall file a statement in response to this Order to

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Show Cause no later than February 14, 2011. The joint statement shall state (1) the status of the

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activities of the parties in finalizing settlement; and (2) how much additional time, if any, is needed

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to finalize the settlement and file a dismissal. If a dismissal is filed, the Show Cause hearing will be

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automatically vacated and no statement will be required.

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IT IS SO ORDERED.
Dated: January 4, 2012
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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C11-03245 HRL Notice will be electronically mailed to:

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James E. Spiotto
Scott A. Lewis
Todd Joseph Dressel
John Somers Blackman

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[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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