Escobedo v. Chun & Associates, Inc. et al

Filing 14

ORDER signed by Judge Garland E. Burrell, Jr. on 10/07/15 ORDERING that a dispositional document shall be filed no later than 11/05/15; the Status Conference is CONTINUED to 12/7/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. A joint status report shall be filed 14 days prior to the status conference. (Benson, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ESCOBEDO,

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1:15-cv-01126-GEB-SMS

Plaintiff,

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No.

v.

ORDER RE: SETTLEMENT AND
DISPOSITION

CHUN & ASSOCIATES, INC., dba
R-N MARKET; JOHN R. COOK,
Trustee of the JOHN R. COOK
AND DEBRA L. COOK 2007
REVOCABLE TRUST; DEBRA L.
COOK, Trustee of the JOHN R.
COOK AND DEBRA L. COOK 2007
REVOCABLE TRUST,

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Defendant.
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Plaintiff

filed

a

“Notice

of

Settlement

of

Entire

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Action” on October 6, 2015, in which he states: “Plaintiff . . .
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has

settled

the

above-captioned

matter

with

all

Defendants.

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Plaintiff requests that he be given to and including November 5,
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2015 to file the dispositional documents in order to afford the
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Parties time to complete the settlement.” (Notice of Settlement,
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ECF No. 13.)
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Therefore, a dispositional document shall be filed no
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later than November 5, 2015. Failure to respond by this deadline
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may be construed as consent to dismissal of this action without
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prejudice, and a dismissal order could be filed.

See E.D. Cal.

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R. 160(b) (“A failure to file dispositional papers on the date
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prescribed by the Court may be grounds for sanctions.”).

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Further, the Status Conference scheduled for hearing on

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November

9,

2015,

is

continued

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December

7,

2015,

in

the

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filed, or if this action is not otherwise dismissed.1 A joint

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status report shall be filed fourteen (14) days prior to the

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status conference.

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event

to
no

commence

at

9:00

dispositional

a.m.

on

document

is

IT IS SO ORDERED.
Dated:

October 7, 2015

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1
The status conference will remain on calendar, because the mere
representation that a case has been settled does not justify vacating a
scheduling proceeding. Cf. Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987)
(indicating that a representation that claims have been settled does not
necessarily establish the existence of a binding settlement agreement).

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