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Gastelum v. Canciamilla

United States District Court, Northern District of California
Dec 13, 2021
21-cv-05955-VKD (N.D. Cal. Dec. 13, 2021)

Opinion

21-cv-05955-VKD

12-13-2021

FERNANDO GASTELUM, Plaintiff, v. ANTHONY CANCIAMILLA, et al., Defendants.


ORDER TO SHOW CAUSE RE SETTLEMENT

VIRGINIA K. DEMARCHI UNITED STATES MAGISTRATE JUDGE

The Court having been informed that the parties have agreed to a settlement, all previously scheduled deadlines and appearances are VACATED.

On or before February 11, 2022, plaintiff shall file a voluntary dismissal pursuant to Fed.R.Civ.P. 41(a)(1)(i). 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. Because defendants have not yet answered, plaintiff may file a notice of dismissal pursuant to Rule 41(a)(1)(i).

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 on February 22, 2022, 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 February 15, 2022 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. 1

IT IS SO ORDERED. 2


Summaries of

Gastelum v. Canciamilla

United States District Court, Northern District of California
Dec 13, 2021
21-cv-05955-VKD (N.D. Cal. Dec. 13, 2021)
Case details for

Gastelum v. Canciamilla

Case Details

Full title:FERNANDO GASTELUM, Plaintiff, v. ANTHONY CANCIAMILLA, et al., Defendants.

Court:United States District Court, Northern District of California

Date published: Dec 13, 2021

Citations

21-cv-05955-VKD (N.D. Cal. Dec. 13, 2021)