Estate of Jacob Apodaca v. County of Merced ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ESTATE OF JACOB APODACA, et al., Case No. 1:23-cv-00171-JLT-SAB 12 Plaintiffs, ORDER DISCHARGING ORDER TO SHOW CAUSE AND DISMISSING ACTION 13 v. PURSUANT TO NOTICE OF VOLUNTARY DISMISSAL 14 COUNTY OF MERCED, et al., (ECF Nos. 29, 30) 15 Defendants. 16 17 18 On November 6, 2023, this matter was settled at a settlement conference and dispositional 19 documents were to be filed withing sixty (60) days. (ECF No. 29.) On January 8, 2024, the Court 20 issued an order to show cause as neither dispositional documents, nor a request for extension, was 21 filed by the deadline. (ECF No. 30.) On January 8, 2024, a stipulation of dismissal was filed 22 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 30.) 23 While no party has provided a response to the order to show cause, in light of the 24 stipulation of dismissal filed the same day the order to show cause was issued, the Court shall 25 discharge the order to show cause. However, in most cases, the Court would not discharge an 26 order to show cause until the parties have shown cause in writing why sanctions should not issue. 27 /// 28 /// 1 In the January 8, 2024 stipulation of dismissal, the parties agree to dismiss the entire 2 || actions,’ including all claims and defenses alleged by all parties with prejudice, and with the 3 || parties to bear their own costs and attorneys’ fees. In light of the filing, this action has been 4 | terminated, Fed. R. Civ. P. 41(a)()(A)Gi); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th 5 | Cir. 1997), and has been dismissed with prejudice and without an award of costs or attorneys’ 6 | fees. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The order to show cause issued on January 8, 2024, (ECF No. 30), is 9 DISCHARGED; and 10 3. The Clerk of the Court is DIRECTED to CLOSE the file in this case and adjust the 11 docket to reflect voluntary dismissal of this action pursuant to Rule □□□□ 12 B IT IS SO ORDERED. FA. ee 14 | Dated: _ January 9, 2024 Is UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 | 25cr 0017 ILT-SAB was ordered tobethe kadwe, (ECFNO.20)