ORDER TO SHOW CAUSE RE SETTLEMENT

VIRGINIA K. DEMARCHI, Magistrate Judge.

The parties represent that this matter has settled and that they are documenting their agreement. Accordingly, all previously scheduled deadlines and appearances are vacated.

On or before October 15, 2018, the parties shall file a stipulated dismissal pursuant to Fed. R. Civ. P. 41(a)(1). 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 defendant filed an answer to the complaint (Dkt. No. 8), plaintiff may not voluntarily dismiss the case absent a stipulation also signed by defendant or an order from this Court.

If a dismissal is not filed by the specified date, then the parties shall appear in Courtroom 2, 5th Floor of the United States District Court, 280 South First Street, San Jose, California on October 30, 2018, 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 October 23, 2018 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.

IT IS SO ORDERED.