Fernandez v. Bayview Solutions, LLC

Filing 11

ORDER TO SHOW CAUSE RE SETTLEMENT. Order to Show Cause Hearing set for 9/18/2018 10:00 AM. Show Cause Response due by 9/11/2018. 7/17/2018 CMC vacated. Signed by Judge Virginia K. DeMarchi on 7/10/2018. (vkdlc1S, COURT STAFF) (Filed on 7/10/2018)

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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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CATALINA FERNANDEZ,
Plaintiff,

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United States District Court
Northern District of California

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Case No.18-cv-02261-VKD
ORDER TO SHOW CAUSE RE
SETTLEMENT

v.
BAYVIEW SOLUTIONS, LLC,
Defendant.

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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 10, 2018, the parties shall file a stipulated dismissal pursuant to

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Fed. R. Civ. P. 41(a)(1)(i). 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 defendant

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Bayview Solutions, LLC has not yet appeared, plaintiff may file a notice of dismissal pursuant to

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Rule 41(a)(1)(i).

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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 S. 1st St, San Jose, California on September 18, 2018, 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 September 11, 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.

IT IS SO ORDERED.
Dated: July 10, 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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