Liu et al v. The Hertz Corporation et al

Filing 31

ORDER TO SHOW CAUSE RE SETTLEMENT. 9/11/2018 Pretrial Conference is VACATED. Order to Show Cause Hearing set for 10/9/2018 10:00 AM. Show Cause Response due by 10/2/2018. Signed by Judge Virginia K. DeMarchi on 8/29/2018. (vkdlc1S, COURT STAFF) (Filed on 8/29/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 TIANYI LIU, ET AL., Plaintiffs, 9 10 United States District Court Northern District of California 11 12 Case No.16-cv-05525-VKD ORDER TO SHOW CAUSE RE SETTLEMENT v. THE HERTZ CORPORATION, et al., Defendants. 13 14 15 16 The Court having been informed that the parties have conditionally agreed to a settlement, all previously scheduled deadlines and appearances are VACATED. On or before September 28, 2018, the parties shall file a stipulated dismissal pursuant to 17 Fed. R. Civ. P. 41(a)(1)(ii). Rule 41(a)(1) permits a plaintiff to voluntarily dismiss a case without 18 a court order (i) by notice if the defendants have not filed an answer or motion for summary 19 judgment, or (ii) by stipulation signed by all parties who have appeared. Because defendants have 20 filed an answer, plaintiff must file a stipulated dismissal pursuant to Rule 41(a)(1)(ii). 21 If a dismissal is not filed by the specified date, then the parties shall appear in Courtroom 22 2, 5th Floor, 280 S. 1st St, San Jose, California on October 9, 2018, 10:00 a.m. and show cause, if 23 any, why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(a). Additionally, the 24 parties shall file a statement in response to this Order to Show Cause no later than October 2, 25 2018 advising as to (1) the status of the activities of the parties in finalizing settlement; and (2) 26 how much additional time, if any, is requested to finalize the settlement and file the dismissal. If a 27 dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated and 28 the parties need not file a statement in response to this Order. 1 2 IT IS SO ORDERED. Dated: August 29, 2018 3 4 VIRGINIA K. DEMARCHI United States Magistrate Judge 5 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

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