Sierra Construction & Excavation, Inc. v. Endurance Assurance Corporation

Filing 12

ORDER EXTENDING TIME FOR DISPOSITIONAL DOCUMENTS TO BE FILED signed by Magistrate Judge Stanley A. Boone on 11/14/2023. IT IS HEREBY ORDERED that the parties shall file dispositional documents no later than December 23, 2023. (Navarro, F)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER EXTENDING TIME FOR
DISPOSITIONAL DOCUMENTS TO BE
FILED

Plaintiff,

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Case No. 1:23-cv-01139-SAB

SIERRA CONSTRUCTION &
EXCAVATION, INC.,

v.

(ECF No. 11)

ENDURANCE ASSURANCE
CORPORATION,
Defendant.

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On October 30, 2023, the parties filed a joint scheduling report pursuant to Federal Rule

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of Civil Procedure 26(f) wherein the parties proffered they reached a settlement and anticipated

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having the settlement agreement finalized within fourteen days. (ECF No. 9.) The Court vacated

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the pending scheduling conference and ordered the parties to file dispositional documents no later

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than November 21, 2023 pursuant to Local Rule 160. (ECF No. 10.)

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On November 13, 2023, counsel for Plaintiff filed a declaration “in support [of Plaintiff’s]

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request for extension of time to file dispositional documents.” (Declaration of Timothy Scanlon

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(“Scanlon Decl.”), ECF No. 11.)

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Specifically, Plaintiff failed to file a motion for extension of time or a proposed order and failed

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to submit by email a separate proposed order in Word format to the Magistrate Judge as required

However, no other corresponding documents were filed.

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by Local Rule 137. The Court recognizes Plaintiff’s pleading deficiencies; however, in the

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interest of expediency, preserving court resources, and given Plaintiff counsel’s request is made

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over a week prior to the deadline to submit dispositional documents, the Court construes Plaintiff

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counsel’s declaration as a request to extend the deadline to file dispositional documents.

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Plaintiff’s counsel proffers the parties fully executed a settlement agreement on November

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8, 2023. (Scanlon Decl. ¶ 4.) Plaintiff’s counsel estimates the settlement payment will not be

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made until approximately December 8, 2023, and the check will be held by the bank for up to 15

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days prior to disbursement. (Id. at ¶ 4-5.) Plaintiff’s counsel represents that Plaintiff therefore

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seeks an extension to file dispositional documents until December 23, 2023 to ensure payment of

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the settlement sum prior to dismissal of the action. (Id. at ¶ 6.) The Court shall grant the

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requested extension, up to December 23, 2023, to file dispositional documents. However, the

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parties are advised that no further extensions of time shall be granted absent a strong showing of

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good cause. Furthermore, the parties are remined that, once the terms of a settlement agreement

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are finalized and the settlement agreement is signed by the parties, the Court generally does not

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retain jurisdiction to oversee that the parties comply with the terms of the settlement, absent a

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properly noticed motion seeking such relief.

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Accordingly, IT IS HEREBY ORDERED that the parties shall file dispositional
documents no later than December 23, 2023.

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IT IS SO ORDERED.
Dated:

November 14, 2023
UNITED STATES MAGISTRATE JUDGE

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