Johnson v. Mullen Family Investments, LLC et al

Filing 48

ORDER TO SHOW CAUSE RE SETTLEMENT. Dismissal due by 5/24/2019. Show Cause Response due by 5/28/2019. Show Cause Hearing set for 6/4/2019 10:00 AM. Signed by Magistrate Judge Virginia K. DeMarchi on 3/26/2019. (vkdlc2S, COURT STAFF) (Filed on 3/26/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SCOTT JOHNSON, Plaintiff, 9 10 United States District Court Northern District of California 11 Case No.18-cv-01714-VKD ORDER TO SHOW CAUSE RE SETTLEMENT v. MULLEN FAMILY INVESTMENTS, LLC, et al., 12 Re: Dkt. No. 47 Defendants. 13 14 15 The Court being informed that the parties have settled this matter, all previously scheduled deadlines and appearances are vacated. 16 On or before May 24, 2019, a dismissal shall be filed pursuant to Fed. R. Civ. P. 41(a)(1). 17 Rule 41(a)(1) permits a plaintiff to voluntarily dismiss a case without a court order (i) by notice if 18 the defendants have not filed an answer or motion for summary judgment, or (ii) by stipulation 19 signed by all parties who have appeared. Because defendant answered the complaint, plaintiff 20 may not voluntarily dismiss this case absent a stipulation also signed by defendant or an order 21 from the Court. 22 If a dismissal is not filed by the specified date, then the parties shall appear in Courtroom 23 2, 5th Floor of the United States District Court, 280 South First Street, San Jose, California on 24 June 4, 2019, 10:00 a.m. and show cause, if any, why the case should not be dismissed pursuant 25 to Fed. R. Civ. P. 41(a). Additionally, the parties shall file a statement in response to this Order to 26 Show Cause no later than May 28, 2019 advising as to (1) the status of their activities in finalizing 27 settlement; and (2) how much additional time, if any, is requested to finalize the settlement and 28 file the dismissal. 1 2 3 4 If a dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated and the parties need not file a statement in response to this Order. IT IS SO ORDERED. Dated: March 26, 2019 5 6 VIRGINIA K. DEMARCHI United States Magistrate Judge 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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