Johnson v. Starbucks Corporation

Filing 40

ORDER TO SHOW CAUSE RE SETTLEMENT. Stipulated dismissal due by 4/12/2021. Show Cause Response due by 4/13/2021. Order to Show Cause Hearing set for 4/20/2021 10:00 AM. Signed by Magistrate Judge Virginia K. DeMarchi on 2/16/2021. (vkdlc2S, COURT STAFF) (Filed on 2/16/2021)

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Case 5:18-cv-06428-VKD Document 40 Filed 02/16/21 Page 1 of 2 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 12 Case No. 18-cv-06428-VKD ORDER TO SHOW CAUSE RE SETTLEMENT v. STARBUCKS CORPORATION, Defendant. 13 14 15 16 The Court having been informed that the parties have settled this dispute, all previously scheduled deadlines and appearances are vacated. On or before April 12, 2021, the parties shall file a stipulated dismissal pursuant to Fed. R. 17 Civ. P. 41(a)(1)(ii). Rule 41(a)(1) permits a plaintiff to voluntarily dismiss a case without a court 18 order (i) by notice if the defendants have not filed an answer or motion for summary judgment, or 19 (ii) by stipulation signed by all parties who have appeared. Because the defendant has filed an 20 answer to the complaint, plaintiff must file a stipulated dismissal pursuant to Rule 41(a)(1)(ii). 21 If a dismissal is not filed by the specified date, then the parties shall appear in Courtroom 22 2, 5th Floor, 280 South First Street, San Jose, California 95113 on April 20, 2021 at 10:00 a.m. 23 and show cause, if any, why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(a). 24 Additionally, the parties shall file a statement in response to this Order to Show Cause no later 25 than April 13, 2021 advising as to (1) the status of the activities of the parties in finalizing 26 settlement; and (2) how much additional time, if any, is requested to finalize the settlement and 27 file the dismissal. If a dismissal is filed as ordered, the Order to Show Cause hearing will be 28 Case 5:18-cv-06428-VKD Document 40 Filed 02/16/21 Page 2 of 2 1 2 3 automatically vacated and the parties need not file a statement in response to this Order. IT IS SO ORDERED. Dated: February 16, 2021 4 5 VIRGINIA K. DEMARCHI United States Magistrate Judge 6 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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