Hopson v. Montanez et al

Filing 33

Order re request to withdraw Notice of Settlement; Order setting scheduling conference for January 17, 2017, signed by Magistrate Judge Stanley A. Boone on 1/4/2017. (Scheduling Conference set for 1/17/2017 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA HOPSON,
Plaintiff,

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Case No. 1:15-cv-00803-SAB
ORDER RE REQUEST TO WITHDRAW
NOTICE OF SETTLEMENT

v.
ORDER SETTING SCHEDULING
CONFERENCE FOR JANUARY 17, 2017

ELIASER MONTANEZ, et al.,
Defendants.

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(ECF No. 32)

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On September 12, 2016, the parties filed a notice of settlement. On September 13, 2016,

18 the Court vacated the pending matters and dates and ordered the parties to file dispositional
19 documents on or before October 28, 2016. On October 31, 2016, Plaintiff filed a request for an
20 extension of time to file dispositional documents. On November 2, 2016, the Court granted
21 Plaintiff’s request for an extension of time to December 5, 2016, to file dispositional documents.
22 Dispositional documents were not filed, nor did the parties otherwise respond to the November 2,
23 2016 order.
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On December 7, 2016, an order issued requiring Plaintiff to show cause why this action

25 should not be dismissed for failure to comply with the Court’s November 2, 2016 order. On
26 December 11, 2016, Plaintiff filed a response to the order to show cause. On December 12,
27 2016, the Court discharged the order to show cause and ordered the parties to file dispositional
28 documents or a withdrawal of the notice of settlement on or before December 31, 2016.

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On December 30, 2016, Plaintiff filed a request to withdraw the notice of settlement,

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2 which the Court construes as a notice to withdraw Plaintiff’s notice of settlement. (ECF No. 32.)
3 In light of Plaintiff withdrawing the notice of settlement, the parties shall be required to appear
4 for a conference to address scheduling the pre-trial conference and trial in this matter. A party
5 may appear telephonically for the hearing by contacting Courtroom Deputy Mamie Hernandez at
6 [phone] to obtain the teleconference number and teleconference code prior to the hearing.
Accordingly, IT IS HEREBY ORDERED that the parties shall appear for a scheduling

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8 conference on January 17, 2017, at 9:00 a.m. in Courtroom 9.
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IT IS SO ORDERED.

11 Dated:

January 4, 2017
UNITED STATES MAGISTRATE JUDGE

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