Almanza v. Credit One Bank, N.A.

Filing 52

ORDER GRANTING JOINT MOTION FOR AN ORDER EXTENDING TIME TO FILE DISMISSAL DOCUMENTS, signed by Magistrate Judge Sheila K. Oberto on 11/6/2018. (Kusamura, W)

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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YOLANDA ALMANZA,

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Plaintiff,
vs.
CREDIT ONE BANK, N.A. and JOHN
DOES 1-25,
Defendants

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And Cross-Complaint.

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Case No.: 1:17-cv-00830-DAD-SKO
ORDER GRANTING JOINT MOTION FOR
AN ORDER EXTENDING TIME TO FILE
DISMISSAL DOCUMENTS
(Doc. 51)

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On September 6, 2018, the Court issued a minute order stating that the parties settled the

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case at the settlement conference held on the same day, and ordering the parties to file a Notice of

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Settlement by September 8, 2018, and dispositional documents by November 2, 2018. (Doc. 50.)

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Despite the Court’s order, the parties did not file a Notice of Settlement by September 8, 2018, and

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to date, no Notice of Settlement has been filed. Instead, nearly two months on later, on November

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1, 2018, the parties filed a Joint Motion for an Order Extending Time to File Dismissal Documents

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(“Joint Motion”), requesting the Court extend the deadline to file dispositional documents by 30

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days. (Doc. 51.)

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The Court notes that the parties’ Joint Motion fails to even acknowledge that they did not

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comply with the Court’s September 6, 2018 order, let alone attempt to excuse their neglect in failing

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to a file a Notice of Settlement by September 8, 2018. Accordingly, THE PARTIES ARE HEREBY

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ADMONISHED that filing a Notice of Settlement is not a mere formality (see E.D. Cal. L.R. 160)
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Order
CASE NO: 1:17-cv-00830-DAD-SKO

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and disobeying a court is grounds for sanctions (see E.D. Cal. L.R. 110). However, in view of the
representations of the parties in their Joint Motion, which includes an affirmation that the case has
settled, the Court declines to issue any sanctions at this time, and GRANTS the parties’ request for
an extension.

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IT IS HEREBY ORDERED that the deadline to file dispositional documents is
CONTINUED for 30 days from November 2, 2018, to December 3, 2018.

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IT IS SO ORDERED.
Dated:

November 6, 2018

/s/

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Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Order
CASE NO: 1:17-cv-00830-DAD-SKO