Weeks v. Union Pacific Railroad Company

Filing 210

ORDER CLOSING CASE signed by District Judge Anthony W. Ishii on 4/13/2018. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TREVOR WEEKS,

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Plaintiff
ORDER CLOSING CASE

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CASE NO. 1:13-CV-1641 AWI JLT

v.
UNION PACIFIC RAILROAD CO.,

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Defendant

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On March 22, 2018, the Court acknowledged the parties’ representations that a signed

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settlement agreement was in place. See Doc. No. 201. The Court declined to exercise ancillary

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jurisdiction over the fee dispute between Plaintiff’s various counsel. See id. Relying on Local

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Rule 160(b),1 the Court viewed the representations of the parties as amended settlement notices

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and ordered the parties to file dismissal papers within 21 days of service of the March 22, 2018

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order. See id. The Court warned the parties that the failure to file dismissal papers would result in

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the Court sua sponte dismissing the case with prejudice. See id.; see also Local Rule 110

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(“Failure of counsel or of a party to comply with these Rules or with any order of the Court may

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be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.”).

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Local Rule 160(b) reads: “Upon such notification of disposition or resolution of an action or motion, the Court
shall fix a date upon which the documents disposing of the action or motion must be filed, which date shall not be
more than twenty- one (21) days from the date of said notification, absent good cause. The Court may, on good cause
shown, extend the time for filing the dispositional papers. A failure to file dispositional papers on the date prescribed
by the Court may be grounds for sanctions. See L.R. 272.”

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The 21-day deadline for the parties to file dismissal papers has now passed. Given the

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Court’s warning about a sua sponte dismissal, the Court can only conclude that the parties intend

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for a dismissal with prejudice to occur. Therefore, given that the parties did not obey the Court’s

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order and file dismissal papers despite the Court’s warning, the violation of Local Rule 160(b),

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and the fact that a settlement of the claims between Plaintiff and Defendant has been achieved, the

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Court will follow through on its warning and dismiss this case with prejudice.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Pursuant to Local Rules 110 and 160(b), as well as the Court’s March 22, 2018 order, this
case is DISMISSED with prejudice; and

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The Clerk shall CLOSE this case.

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IT IS SO ORDERED.
Dated: April 13, 2018
SENIOR DISTRICT JUDGE

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