OSVALDO MARTINEZ vs. THE MOCHI ICE CREAM COMPANY 

Order to Show Cause Re: Dismissal (Settlement) 

In August 2021 the Parties reached a settlement agreement which, if approved by the Court, will resolve the above-captioned action in its entirety. 

To effectuate the terms of the settlement, the Parties have filed a Joint Stipulation Granting Plaintiff Leave to File First Amended Complaint (“Joint Stipulation”) and Proposed Order Thereon. Upon the Court’s approval of the Joint Stipulation, Plaintiff anticipates filing a first amended complaint within approximately seven (7) calendar days. 

Upon the filing of the first amended complaint, Plaintiff expects to file a motion seeking approval of the settlement within approximately thirty (30) calendar days.

Similar statements have been made by the parties over the past 14 months.  Perhaps this time it is accurate to predict that this settlement shall be concluded in approximately 30 days.

The Court GRANTS the requested leave to file the First Amended Complaint.  The Court continues the OSC re Dismissal (Settlement) to January 17, 2023 at 8:30 a.m.  The Court anticipates that this date is after the date when the Parties shall have their motion to approve the settlement, and that the OSC shall be unnecessary.