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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


February 16, 2012

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

E-filed February 16, 2012

NOT FOR CITATION

ORDER CONTINUING SHOW CAUSE HEARING [Re: Docket Nos. 25, 26]

United States District Court For the Northern District of California

The parties in this action have informed the court that the settlement agreement between the 17 parties has been fully executed and exchanged. However, due to a delay in payment of the 18 settlement check, the parties are still awaiting clearance of the settlement funds. In separate 19 statements, both parties request additional time to request dismissal of this action. 20

The court finds good cause to GRANT a brief continuance to permit the settlement check to 21 clear. Therefore, the Show Cause hearing is continued to February 28, 2012 at 10:00 a.m. in 22 Courtroom 2, 5th Floor, 280 South First Street, San Jose, CA 95113. If a dismissal is filed prior to 23 the hearing, the hearing will be automatically vacated. If the parties conclude that they cannot 24 request a dismissal before February 28, they shall file a Joint Statement explaining 1) the status of 25 activities of the parties in finalizing settlement; and 2) how much additional time is needed to 26 finalize the settlement and file a dismissal. Said Joint Statement shall be filed no later than February 27 24, 2012.

IT IS SO ORDERED.

United States

C11-03245 HRL 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.

20120216

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