(PC) Porter v. Rivas et al

Filing 56

ORDER Regarding Notice of Settlement and Request to Vacate Deadlines signed by Magistrate Judge Christopher D. Baker on 06/04/2024. Twenty-One Day Deadline. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY JAMES PORTER, 12 Plaintiff, 13 v. 14 O. RIVAS, et al., 15 Case No. 1:22-cv-00105-KES-CDB (PC) ORDER REGARDING NOTICE OF SETTLEMENT AND REQUEST TO VACATE DEADLINES (Doc. 55) Defendants. 16 17 INTRODUCTION 18 Defendant O. Rivas filed a Notice of Settlement and Request to Vacate All Deadlines on 19 June 3, 2024. (Doc. 55.) Specifically, Defendant states that the parties agreed to settle this case on 20 May 20, 2024. (Id.) Defense counsel mailed settlement documents, including a stipulation for 21 voluntary dismissal, to Plaintiff the following day. (Id.) Counsel has not yet received the 22 documents back from Plaintiff, but notes prison mail can often be delayed. (Id.) Counsel asks the 23 Court to vacate all deadlines in the Discovery and Scheduling Order due to the settlement. (Id.) 24 Finally, counsel states he will promptly file a stipulation for voluntary dismissal upon receipt 25 from Plaintiff. (Id.) 26 CONCLUSION AND ORDER 27 Based on the notice filed by Defendant, the Court ORDERS the parties to file 28 dispositional documents within 21 days of the date of this order. See Local Rule 160. 1 Further, the Court ORDERS all deadlines set forth in the Discovery and Scheduling 2 Order issued November 21, 2023, and as modified by this Court’s order issued March 13, 2024, 3 are VACATED. 4 5 6 7 Failure to timely comply with this order will result in the imposition of sanctions. IT IS SO ORDERED. Dated: June 4, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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