Bank of Montreal v. Stoughton Davidson Accountancy Corporation

Filing 27

ORDER CONTINUING SHOW CAUSE HEARING. Show Cause Response due by 2/24/2012. Order to Show Cause Hearing set for 2/28/2012 10:00 AM. If a dismissal is filed prior to the hearing, the hearing will automatically be vacated. See order for further details. Signed by Magistrate Judge Howard R. Lloyd on 2/16/12. (hrllc1, COURT STAFF) (Filed on 2/16/2012)

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1 ** E-filed February 16, 2012 ** 2 3 4 5 6 NOT FOR CITATION 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION For the Northern District of California United States District Court 10 BANK OF MONTREAL, individually and as Administrative Agent, 11 Plaintiff, 12 No. C11-03245 HRL ORDER CONTINUING SHOW CAUSE HEARING v. [Re: Docket Nos. 25, 26] 13 STOUGHTON DAVIDSON ACCOUNTACY CORPORATION, 14 15 16 Defendant. ____________________________________/ The parties in this action have informed the court that the settlement agreement between the 17 parties has been fully executed and exchanged. However, due to a delay in payment of the 18 settlement check, the parties are still awaiting clearance of the settlement funds. In separate 19 statements, both parties request additional time to request dismissal of this action. 20 The court finds good cause to GRANT a brief continuance to permit the settlement check to 21 clear. Therefore, the Show Cause hearing is continued to February 28, 2012 at 10:00 a.m. in 22 Courtroom 2, 5th Floor, 280 South First Street, San Jose, CA 95113. If a dismissal is filed prior to 23 the hearing, the hearing will be automatically vacated. If the parties conclude that they cannot 24 request a dismissal before February 28, they shall file a Joint Statement explaining 1) the status of 25 activities of the parties in finalizing settlement; and 2) how much additional time is needed to 26 finalize the settlement and file a dismissal. Said Joint Statement shall be filed no later than February 27 24, 2012. 28 IT IS SO ORDERED. 1 2 Dated: February 16, 2012 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 C11-03245 HRL Notice will be electronically mailed to: 2 James E. Spiotto Scott A. Lewis Todd Joseph Dressel John Somers Blackman 3 spiotto@chapman.com slewis@chapman.com dressel@chapman.com jsb@farbstein.com 4 5 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. 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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