Johnson v. Lynch

Filing 28

ORDER TO SHOW CAUSE RE SETTLEMENT. Stipulated dismissal due by 1/31/2019. Show Cause Response due by 2/5/2019. Order to Show Cause Hearing set for 2/12/2019 10:00 AM. Signed by Judge Virginia K. DeMarchi on 12/31/2018. (vkdlc1S, COURT STAFF) (Filed on 12/31/2018)

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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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SCOTT JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 5:18-cv-00906-VKD
ORDER TO SHOW CAUSE RE
SETTLEMENT
Re: Dkt. No. 27

DONALD P. LYNCH,
Defendant.
The Court having been informed that the parties have settled this matter, all previously
scheduled deadlines and appearances are vacated. Additionally, the Court orders as follows:
On or before January 31, 2019, the parties shall file a stipulated dismissal pursuant to Fed.

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

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

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(ii) by stipulation signed by all parties who have appeared. Because defendant answered the

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complaint, plaintiff may not voluntarily dismiss this case absent a stipulation also signed by

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defendant or an order from this Court.

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

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2, 5th Floor of the United States District Court, 280 South First Street, San Jose, California on

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February 12, 2019, 10:00 a.m. and show cause, if any, why the case should not be dismissed

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pursuant to Fed. R. Civ. P. 41(a). Additionally, the parties shall file a statement in response to this

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Order to Show Cause no later than February 5, 2019 advising as to (1) the status of the activities

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

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finalize the settlement and file the dismissal. If a dismissal is filed as ordered, the Order to Show

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Cause hearing will be automatically vacated and the parties need not file a statement in response to

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this Order.
IT IS SO ORDERED.
Dated: December 31, 2018

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VIRGINIA K. DEMARCHI

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UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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