Opinion
21-cv-05924-VKD
09-02-2021
THERESA BROOKE, Plaintiff, v. HHLP SUNNY ASSOCIATES LLC, Defendant.
ORDER TO SHOW CAUSE RE SETTLEMENT
RE: DKT. NO. 10
VIRGINIA K. DEMARCHI, UNITED STATES MAGISTRATE JUDGE
The Court having been informed that the parties have settled this dispute, all previously scheduled deadlines and appearances are vacated.
On or before October 1, 2021, dismissal shall be filed pursuant to Fed.R.Civ.P. 41(a)(1). Rule 41(a)(1) permits a plaintiff to voluntarily dismiss a case without a court order (i) by notice if the defendants have not filed an answer or motion for summary judgment, or (ii) by stipulation signed by all parties who have appeared.
If a dismissal is not filed by the specified date, then the parties shall appear in Courtroom 2, 5th Floor, 280 South First Street, San Jose, California 95113 on October 12, 2021 at 10:00 a.m. and show cause, if any, why the case should not be dismissed pursuant to Fed.R.Civ.P. 41(a). Additionally, the parties shall file a statement in response to this Order to Show Cause no later than October 5, 2021 advising as to (1) the status of the activities of the parties in finalizing settlement; and (2) how much additional time, if any, is requested to finalize the settlement and file the dismissal. If a dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated and the parties need not file a statement in response to this Order.
IT IS SO ORDERED.