Sorrell v. Kel-Tec CNC Industries, Inc.

Filing 77

ORDER VACATING Dates, DENYING 55 Summary Judgment as MOOT, and SETTING Time to File Dispositive Papers in Light of 76 Notice of Settlement signed by Chief Judge Anthony W. Ishii on 9/2/2011. (Sant Agata, S)

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1 IN THE UNITED STATES DISTRICT COURT FOR THE 2 EASTERN DISTRICT OF CALIFORNIA 3 4 ) ) Plaintiff, ) v. ) ) KEL-TEC CNC INDUSTRIES, INC, ) ) Defendant. ) ____________________________________) JONATHAN SORRELL, 5 6 7 8 1:09-CV-1465 AWI GSA ORDER VACATING DATES, DENYING SUMMARY JUDGMENT AS MOOT, AND SETTING TIME TO FILE DISPOSITIVE PAPERS IN LIGHT OF NOTICE OF SETTLEMENT 9 (Doc. Nos. 55, 76) 10 11 Trial in the is case is set for December 6, 2011, and the pre-trial conference is set for 12 November 4, 2011. Currently pending before the Court is Defendant’s motion for summary 13 judgment. On September 2, 2011, Plaintiff filed a notice of settlement. See Docket Doc. No. 76. 14 In light of the notice of settlement, it is appropriate to vacate all dates and deadlines. Further, 15 with the settlement of this case, it is no longer necessary for the Court to rule on the pending 16 motion for summary judgment. Instead, the Court will deny the motion as moot. Pursuant to 17 Local Rule 160, the parties will be given 21 days to file dispositional papers, so that the Court 18 may close the case. The parties are reminded that, pursuant to Local Rule 160, the failure to 19 timely file dispositional papers is sanctionable conduct. 20 Accordingly, in light of the filed notice of settlement, IT IS HEREBY ORDERED that: 21 1. All currently scheduled dates and deadlines, including the December 6, 2011 trial date 22 and the November 4, 2011 pre-trial conference, are VACATED; 23 2. Defendant’s motion for summary judgment is DENIED as moot; and 3. The parties shall file dispositional papers through Rule 41 as soon as possible, but no 24 25 later than September 23, 2011. 26 27 28 IT IS SO ORDERED. Dated: 0m8i78 September 2, 2011 CHIEF UNITED STATES DISTRICT JUDGE

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