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Bank of Montreal, Individually and As Administrative Agent v. Stoughton Davidson Accountacy Corporation

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


January 4, 2012

BANK OF MONTREAL, INDIVIDUALLY AND AS ADMINISTRATIVE AGENT, PLAINTIFF,
v.
STOUGHTON DAVIDSON ACCOUNTACY CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

** E-filed January 4, 2012 **

NOT FOR CITATION

ORDER CONTINUING SHOW CAUSE HEARING [Re: Docket No. 23]

United States District Court For the Northern District of California

The parties in this action have informed the court that they have yet to finalize the terms of 17 their settlement. They request that the court vacate the show cause hearing and extend the time to 18 file a dismissal in this action. See Dkt. No. 23. The court finds good cause to GRANT the 19 continuance requested, but disfavors vacating hearing dates only to have to reset them. Therefore, 20 the parties shall comply with the following schedule: 21

On or before February 10, 2012, plaintiff shall file a voluntary dismissal pursuant to Fed.R.Civ.P. 41(a). If a dismissal is not filed, all parties shall appear in Courtroom 2, 5th Floor, 280 23 South First Street, San Jose, CA 95113 on February 21, 2012, 10:00 a.m. and show cause, if any, 24 why the case should not be dismissed. The parties shall file a statement in response to this Order to 25 Show Cause no later than February 14, 2011. The joint statement shall state (1) the status of the 26 activities of the parties in finalizing settlement; and (2) how much additional time, if any, is needed 27 to finalize the settlement and file a dismissal. If a dismissal is filed, the Show Cause hearing will be 28 automatically vacated and no statement will be required.

IT IS SO ORDERED.

Notice will be electronically mailed to:

James E. Spiotto spiotto@chapman.com Scott A. Lewis slewis@chapman.com Todd Joseph Dressel dressel@chapman.com John Somers Blackman jsb@farbstein.com

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

20120104

© 1992-2012 VersusLaw Inc.



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