Espitia v. Mezzetti Financial Services, Inc.,

Filing 52

ORDER TO SHOW CAUSE RE SETTLEMENT. Dismissal due by 3/25/2019. If dismissal not filed by that date, then parties shall file Show Cause Response by 3/26/2019 and appear for Show Cause Hearing set for 4/2/2019 10:00 AM. All previously scheduled deadlines and appearances remain as set by the Court. Signed by Magistrate Judge Virginia K. DeMarchi on 2/12/2019. (vkdlc2S, COURT STAFF) (Filed on 2/12/2019)

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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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JACOB ESPITIA,
Plaintiff,

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ORDER TO SHOW CAUSE RE
SETTLEMENT

v.

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United States District Court
Northern District of California

Case No.18-cv-02480-VKD

MEZZETTI FINANCIAL SERVICES,
INC.,

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Re: Dkt. No. 50

Defendant.

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The Court is informed that the parties have agreed on the terms of a settlement of this

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action and are memorializing those terms in a written settlement agreement. In view of the

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parties’ representations to the Court, on or before March 25, 2019, the parties shall file a

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stipulated dismissal pursuant to Fed. R. Civ. P. 41(a)(1). Rule 41(a)(1) permits a plaintiff to

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voluntarily dismiss a case without a court order (i) by notice if the defendants have not filed an

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answer or motion for summary judgment, or (ii) by stipulation signed by all parties who have

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appeared. Because defendant answered the complaint, plaintiff may not voluntarily dismiss this

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case absent a stipulation also signed by defendant or an order from the 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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April 2, 2019, 10:00 a.m. and show cause, if any, why the case should not be dismissed pursuant

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

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Show Cause no later than March 26, 2019 advising as to (1) the status of their activities in

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

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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

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

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scheduled deadlines and appearances remain as set by the Court. See Dkt. No. 30.

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IT IS SO ORDERED.
Dated: February 12, 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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