Opinion
C23-0322JLR
04-11-2024
GS HOLISTIC, LLC, Plaintiff, v. ZAKKS SMOKE AND BEVERAGE, LLC, et al., Defendants.
ORDER
JAMES L. ROBART UNITED STATES DISTRICT JUDGE
On January 2, 2024, Plaintiff GS Holistic, LLC (“GS Holistic”) filed a notice of settlement in which the parties stated that GS Holistic “w[ould] soon dismiss this case, upon finalization of the agreed upon terms of the Settlement Agreement.” (Notice (Dkt. # 16).) As of April 3, 2024, however, the parties had not yet filed a stipulation of dismissal. (See generally Dkt.) Therefore, the court issued an order directing the parties to “file, by no later than April 10, 2024, either a stipulation of dismissal . . . or a report that addresses: (1) the status of the parties' settlement agreement, (2) an estimate of when the parties expect to dismiss this case, and (3) whether the parties object to the court striking their September 30, 2024 trial date.” (4/3/24 Order (Dkt. # 17).)
Defendants Zakks Smoke and Beverage, LLC and Mohsin Husain timely filed a response to the court's order in which they stated that they “have been waiting for Plaintiff's counsel to forward a settlement agreement and stipulation and order of dismissal.” (Defs. Resp. (Dkt. # 18).) They represent that they would “have it signed expeditiously and returned to Plaintiff's counsel for entry” provided it “accurately reflects the agreement of the parties.” (Id.) GS Holistic, however, did not respond to the April 3, 2024 order. (See generally Dkt.) Accordingly, the court ORDERS GS Holistic to show cause, by no later than April 15, 2024, why the court should not issue monetary sanctions against GS Holistic and/or its counsel for failure to comply with the court's order.