Sierra Construction & Excavation, Inc. v. Endurance Assurance Corporation
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER EXTENDING TIME FOR
DISPOSITIONAL DOCUMENTS TO BE
Case No. 1:23-cv-01139-SAB
SIERRA CONSTRUCTION &
(ECF No. 11)
On October 30, 2023, the parties filed a joint scheduling report pursuant to Federal Rule
of Civil Procedure 26(f) wherein the parties proffered they reached a settlement and anticipated
having the settlement agreement finalized within fourteen days. (ECF No. 9.) The Court vacated
the pending scheduling conference and ordered the parties to file dispositional documents no later
than November 21, 2023 pursuant to Local Rule 160. (ECF No. 10.)
On November 13, 2023, counsel for Plaintiff filed a declaration “in support [of Plaintiff’s]
request for extension of time to file dispositional documents.” (Declaration of Timothy Scanlon
(“Scanlon Decl.”), ECF No. 11.)
Specifically, Plaintiff failed to file a motion for extension of time or a proposed order and failed
to submit by email a separate proposed order in Word format to the Magistrate Judge as required
However, no other corresponding documents were filed.
by Local Rule 137. The Court recognizes Plaintiff’s pleading deficiencies; however, in the
interest of expediency, preserving court resources, and given Plaintiff counsel’s request is made
over a week prior to the deadline to submit dispositional documents, the Court construes Plaintiff
counsel’s declaration as a request to extend the deadline to file dispositional documents.
Plaintiff’s counsel proffers the parties fully executed a settlement agreement on November
8, 2023. (Scanlon Decl. ¶ 4.) Plaintiff’s counsel estimates the settlement payment will not be
made until approximately December 8, 2023, and the check will be held by the bank for up to 15
days prior to disbursement. (Id. at ¶ 4-5.) Plaintiff’s counsel represents that Plaintiff therefore
seeks an extension to file dispositional documents until December 23, 2023 to ensure payment of
the settlement sum prior to dismissal of the action. (Id. at ¶ 6.) The Court shall grant the
requested extension, up to December 23, 2023, to file dispositional documents. However, the
parties are advised that no further extensions of time shall be granted absent a strong showing of
good cause. Furthermore, the parties are remined that, once the terms of a settlement agreement
are finalized and the settlement agreement is signed by the parties, the Court generally does not
retain jurisdiction to oversee that the parties comply with the terms of the settlement, absent a
properly noticed motion seeking such relief.
Accordingly, IT IS HEREBY ORDERED that the parties shall file dispositional
documents no later than December 23, 2023.
IT IS SO ORDERED.
November 14, 2023
UNITED STATES MAGISTRATE JUDGE
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