Campbell v. FMC Technologies Surface Integrated Svcs ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NELSON CAMPBELL, ET AL., Case No. 1:20-cv-00901-CDB 12 Plaintiffs, ORDER DISCHARGING ORDER TO SHOW CAUSE 13 v. (ECF No. 34) 14 FMC TECHNOLOGIES SURFACE INTEGRATED SVCS, ET AL., ORDER REQUIRING PARTIES TO FILE 15 DISPOSITIONAL DOCUMENTS WITHIN Defendants. 30 DAYS 16 17 18 On December 9, 2022, the Court issued an order approving the parties’ stipulated PAGA 19 settlement. (ECF No. 33). The order directed the parties to file a stipulation to dismiss this action 20 or a joint report setting forth when they intend to file a stipulated dismissal within 30 days of the 21 order’s issuance. Id. at 8. When the parties failed to make the necessary filing, on January 11, 22 2023, the Court issued an Order to Show Cause why sanctions should not be imposed. (ECF No. 23 34). 24 The Court has received and reviewed the parties’ submissions in response to the show cause 25 order. (ECF Nos. 35, 36). Based on the factors set forth in In re Veritas Software Corp. Sec. Litig., 26 496 F.3d 962, 973 (9th Cir. 2007), the Court concludes counsels’ representations demonstrate 27 excusable neglect and that the parties have exercised diligence in keeping the Court apprised of their efforts to close this case promptly. Accordingly, IT IS HEREBY ORDERED the Order to 1 | Show Cause is DISCHARGED. 2 While the parties represent in their submissions that performance under the settlement 3 | agreement is underway and ongoing, it is not the Court’s intent or province to retain jurisdiction 4 | over the parties’ performance of their respective duties under the agreement. With the Court’s 5 | approval of the settlement agreement, this action has reached its conclusion and the parties shall 6 | make all efforts to ensure that a stipulation of dismissal is filed within 30 days. 7 Accordingly, IT IS FURTHER ORDERED that not later than February 13, 2023, the parties 8 | shall file a stipulation to dismiss this action. 9 | IT IS SO ORDERED. 10 Dated: _ January 13, 2023 | ) Ww Vv RY 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28