Johnson v. Kaur et al

Filing 37

ORDER RE RESPONSES TO ORDER TO SHOW CAUSE. Dismissal due by 12/6/2022. Order to Show Cause Hearing set for 12/13/2022 10:00 AM. Signed by Judge Susan van Keulen on 11/21/2022. (svklc1, COURT STAFF) (Filed on 11/21/2022)

Case 5:21-cv-08204-SVK Document 37 Filed 11/21/22 Page 1 of 1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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United States District Court
Northern District of California

Plaintiff,
ORDER RE RESPONSES TO ORDER
TO SHOW CAUSE

v.

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PARAMJIT KAUR, et al.,

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Defendants.

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Case No. 21-cv-08204-SVK

On July 28, 2022, Plaintiff filed a notice stating that this case had settled and that Plaintiff

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expected the settlement would be consummated within 60 days and a dismissal would be filed.

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Dkt. 28. The Court issued an Order to Show Cause re Settlement (“OSC”), with the hearing set

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for September 27, 2022. Dkt. 29. At Plaintiff’s request, the OSC hearing has been continued

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twice. Dkt. 31, 33. In both instances, Plaintiff filed a response to the OSC stating that the

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settlement agreement had been signed. Dkt. 30, 32. In Plaintiff’s September 12, 2022 response to

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OSC, Plaintiff stated that he expected to file a dismissal within 60 days. Dkt. 30. In Plaintiff’s

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October 10, 2022 response to OSC, Plaintiff stated that the case would be ripe for dismissal “in

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approximately thirty (30) days from updated show cause/dismissal deadline of October 18, 2022.”

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Dkt. 32. The OSC hearing is currently scheduled for November 22, 2022. See Dkt. 33.

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On November 18, 2022, Plaintiff filed a response to OSC stating that he “anticipates filing

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a dismissal within the coming sixty (60) days.” Dkt. 35. Plaintiff’s latest response to OSC is

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inadequate because it inconsistent with his previous estimates of when a dismissal will be filed

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and does not explain the shifting timeline. However, Defendant’s response to OSC states that the

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last settlement payment was mailed to Plaintiff’s counsel on November 18, 2022. Dkt. 36.

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Accordingly, the Court will grant one final continuance of the OSC to December 13, 2022 at

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10:00 a.m. A dismissal is due by December 6, 2022.

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SO ORDERED.
Dated: November 21, 2022

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SUSAN VAN KEULEN
United States Magistrate Judge