Johnson v. Estensen et al

Filing 22

ORDER TO SHOW CAUSE RE SETTLEMENT. Stipulated dismissal due by 10/19/2018. Show Cause Response due by 10/23/2018. Order to Show Cause Hearing set for 10/30/2018 10:00 AM. Signed by Judge Virginia K. DeMarchi on 9/4/2018. (vkdlc1S, COURT STAFF) (Filed on 9/4/2018)

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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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Case No.18-cv-01629-VKD
ORDER TO SHOW CAUSE RE
SETTLEMENT

v.
ELIZABETH ESTENSEN, et al.,
Defendants.

The Court having been informed that the parties have agreed to a settlement, all previously
scheduled deadlines and appearances are VACATED.
On or before October 19, 2018, 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 defendants have not filed an answer or motion for summary

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

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filed an answer, plaintiff 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, 5th Floor, 280 South First Street, San Jose, California on October 30, 2018, at 10:00 a.m. and

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show 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 23, 2018 advising as to (1) the status of the activities of the parties in finalizing

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

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

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

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IT IS SO ORDERED.

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Dated: September 4, 2018

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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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