Sunil Kumaran Vethody et al v. National Default Services Corporation et al

Filing 120

ORDER TO SHOW CAUSE re SETTLEMENT. Stipulated dismissal due by 3/19/2019. Show Cause Response due by 3/26/2019. Order to Show Cause Hearing set for 4/2/2019 10:00 AM. Signed by Judge Virginia K. DeMarchi on 1/18/2019. (vkdlc1S, COURT STAFF) (Filed on 1/18/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

SUNIL KUMARAN VETHODY, et al.,
Plaintiffs,

9
10

United States District Court
Northern District of California

11
12

Case No.16-cv-04713-VKD
ORDER TO SHOW CAUSE RE
SETTLEMENT

v.
NATIONAL DEFAULT SERVICES
CORPORATION, et al.,
Defendants.

13
14

On January 18, 2019, the parties informed the Court that the bankruptcy court has

15

approved the proposed settlement of the dispute between them and that they are in the process of

16

finalizing their settlement. Dkt. No. 119.

17

On or before March 19, 2019, the parties shall file a stipulated dismissal pursuant to Fed.

18

R. Civ. P. 41(a)(1)(ii). Rule 41(a)(1) permits a plaintiff to voluntarily dismiss a case without a

19

court order (i) by notice if the defendants have not filed an answer or motion for summary

20

judgment, or (ii) by stipulation signed by all parties who have appeared. Because defendants have

21

filed an answer, plaintiff must file a stipulated dismissal pursuant to Rule 41(a)(1)(ii).

22

If a dismissal is not filed by the specified date, then the parties shall appear in Courtroom

23

2, 5th Floor, 280 S. 1st St, San Jose, California on April 2, 2019, 10:00 a.m. and show cause, if

24

any, why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(a). Additionally, the

25

parties shall file a statement in response to this Order to Show Cause no later than March 26,

26

2019 advising as to (1) the status of the activities of the parties in finalizing settlement; and (2)

27

how much additional time, if any, is required to finalize the settlement and file the dismissal. If a

28

dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated and

1
2
3

the parties need not file a statement in response to this Order.
IT IS SO ORDERED.
Dated: January 18, 2019

4
5
VIRGINIA K. DEMARCHI
United States Magistrate Judge

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2