Ecological Rights Foundation v. Transit America Services, Inc et al

Filing 5

Order to show cause. Show-cause hearing set for 5/31/2016 at 10:00 AM. Show-cause response due by 5/27/2016. Signed by Magistrate Judge Howard R. Lloyd on 3/31/16. (hrllc1, COURT STAFF) (Filed on 3/31/2016)

E-Filed 3/31/16

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ECOLOGICAL RIGHTS FOUNDATION,

Case No. 16-cv-01121-HRL

Plaintiff,
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v.

ORDER TO SHOW CAUSE RE
SETTLEMENT

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United States District Court
Northern District of California

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TRANSIT AMERICA SERVICES, INC, et
al.,

Re: Dkt. No. 4

Defendants.

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The parties informed the court that they have reached a settlement which is “contingent

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upon” whether federal agencies object to their settlement agreement by April 27, 2016. The

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parties also state that they may be able “to resolve” the objections, if any, that federal agencies

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make to the settlement. The parties therefore request May 27, 2016 as “the deadline for the filing”

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of either a stipulated dismissal or else the filing of a notice that the settlement “is null and void.”

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All previously scheduled deadlines and appearances are vacated. On or before May 27,

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2016, the parties shall file either a stipulated dismissal pursuant to Federal Rule of Civil Procedure

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(“FRCP”) 41(a)(1)(A) or else a notice that the settlement is null and void. If the parties file

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neither a stipulated dismissal nor a notice that the settlement is null and void by May 27, then the

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parties shall appear in Courtroom 2 on the 5th Floor of the United States District Court at 280

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South First Street, San Jose, California on May 31, 2016 at 10:00 a.m. and show cause, if any,

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why the case should not be dismissed pursuant to FRCP 41(a)(1)(A). Additionally, the parties

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shall file a statement in response to this Order to Show Cause no later than May 27, 2016 advising

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as to (1) the status of the activities of the parties in finalizing settlement; and (2) how much

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additional time, if any, is requested to finalize the settlement and file the dismissal. If the parties

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file either a stipulated dismissal or a notice that the settlement is null and void as ordered, then the

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Order to Show Cause hearing will be automatically vacated and the parties need not file a

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statement in response to this Order.
IT IS SO ORDERED.
Dated: 3/31/16

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Howard R. Lloyd
United States Magistrate Judge

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United States District Court
Northern District of California

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