Johnson v. Harvest Investment Management, LLC

Filing 40

ORDER TO SHOW CAUSE re SETTLEMENT. Stipulated dismissal due by 10/7/2019. Show Cause Response due by 10/8/2019. Order to Show Cause Hearing set for 10/15/2019 10:00 AM. Signed by Judge Virginia K. DeMarchi on 8/6/2019. (vkdlc1S, COURT STAFF) (Filed on 8/6/2019)

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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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Case No.18-cv-01627-VKD
ORDER TO SHOW CAUSE RE
SETTLEMENT

v.
HARVEST INVESTMENT
MANAGEMENT, LLC,
Defendant.

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The Court having been informed that the parties have settled the dispute between them, all
previously scheduled deadlines and appearances are VACATED.
On or before October 7, 2019, the parties shall file a stipulated dismissal pursuant to Fed.

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

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court order (i) by notice if the defendant has not filed an answer or motion for summary judgment,

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or (ii) by stipulation signed by all parties who have appeared. Because defendant has filed an

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answer, the parties must file a stipulated dismissal pursuant to Rule 41(a)(1)(ii).

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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, Fifth Floor, 280 South First Street, California on October 15, 2019, 10:00 a.m. and show

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

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Additionally, the parties shall file a statement in response to this Order to Show Cause no later

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than October 8, 2019 advising as to (1) the status of their activities in finalizing settlement; and

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(2) how much additional time, if any, is requested to finalize the settlement and file the dismissal.

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

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and the parties need not file a statement in response to this Order.

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IT IS SO ORDERED.
Dated: August 6, 2019

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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