Che v. GFROERER, A California limited partnership

Filing 29

ORDER TO SHOW CAUSE re SETTLEMENT. Parties' stipulated dismissal due by 1/19/2021. Show Cause Response due by 1/26/2021. Order to Show Cause Hearing set for 2/2/2021 10:00 AM. Signed by Judge Virginia K. DeMarchi on 11/20/2020. (vkdlc1S, COURT STAFF) (Filed on 11/20/2020)

Case 5:19-cv-06891-VKD Document 29 Filed 11/20/20 Page 1 of 2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

NGOC LAM CHE,
Plaintiff,

9
10

United States District Court
Northern District of California

11

Case No. 19-cv-06891-VKD
ORDER TO SHOW CAUSE RE
SETTLEMENT

v.
GFROERER,
Defendant.

12
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 January 19, 2021, the parties shall file a stipulated dismissal pursuant to Fed.

17

R. Civ. P. 41(a)(1)(ii). Rule 41(a)(1) permits a plaintiff to voluntarily dismiss a case without a

18

court order (i) by notice if the defendants have not filed an answer or motion for summary

19

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

20

filed an answer to the complaint, plaintiff must file a stipulated dismissal pursuant to Rule

21

41(a)(1)(ii).

22

If a dismissal is not filed by the specified date, then the parties shall appear in Courtroom

23

2, 5th Floor, 280 South First Street, San Jose, California 95113 on February 2, 2021 at 10:00

24

a.m. and show cause, if any, why the case should not be dismissed pursuant to Fed. R. Civ. P.

25

41(a). Additionally, the parties shall file a statement in response to this Order to Show Cause no

26

later than January 26, 2021 advising as to (1) the status of the activities of the parties in finalizing

27

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

28

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

Case 5:19-cv-06891-VKD Document 29 Filed 11/20/20 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: November 20, 2020

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