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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 15 16 ORDER EXTENDING TIME FOR DISPOSITIONAL DOCUMENTS TO BE FILED Plaintiff, 13 14 Case No. 1:23-cv-01139-SAB SIERRA CONSTRUCTION & EXCAVATION, INC., v. (ECF No. 11) ENDURANCE ASSURANCE CORPORATION, Defendant. 17 18 19 On October 30, 2023, the parties filed a joint scheduling report pursuant to Federal Rule 20 of Civil Procedure 26(f) wherein the parties proffered they reached a settlement and anticipated 21 having the settlement agreement finalized within fourteen days. (ECF No. 9.) The Court vacated 22 the pending scheduling conference and ordered the parties to file dispositional documents no later 23 than November 21, 2023 pursuant to Local Rule 160. (ECF No. 10.) 24 On November 13, 2023, counsel for Plaintiff filed a declaration “in support [of Plaintiff’s] 25 request for extension of time to file dispositional documents.” (Declaration of Timothy Scanlon 26 (“Scanlon Decl.”), ECF No. 11.) 27 Specifically, Plaintiff failed to file a motion for extension of time or a proposed order and failed 28 to submit by email a separate proposed order in Word format to the Magistrate Judge as required However, no other corresponding documents were filed. 1 1 by Local Rule 137. The Court recognizes Plaintiff’s pleading deficiencies; however, in the 2 interest of expediency, preserving court resources, and given Plaintiff counsel’s request is made 3 over a week prior to the deadline to submit dispositional documents, the Court construes Plaintiff 4 counsel’s declaration as a request to extend the deadline to file dispositional documents. 5 Plaintiff’s counsel proffers the parties fully executed a settlement agreement on November 6 8, 2023. (Scanlon Decl. ¶ 4.) Plaintiff’s counsel estimates the settlement payment will not be 7 made until approximately December 8, 2023, and the check will be held by the bank for up to 15 8 days prior to disbursement. (Id. at ¶ 4-5.) Plaintiff’s counsel represents that Plaintiff therefore 9 seeks an extension to file dispositional documents until December 23, 2023 to ensure payment of 10 the settlement sum prior to dismissal of the action. (Id. at ¶ 6.) The Court shall grant the 11 requested extension, up to December 23, 2023, to file dispositional documents. However, the 12 parties are advised that no further extensions of time shall be granted absent a strong showing of 13 good cause. Furthermore, the parties are remined that, once the terms of a settlement agreement 14 are finalized and the settlement agreement is signed by the parties, the Court generally does not 15 retain jurisdiction to oversee that the parties comply with the terms of the settlement, absent a 16 properly noticed motion seeking such relief. 17 18 Accordingly, IT IS HEREBY ORDERED that the parties shall file dispositional documents no later than December 23, 2023. 19 20 21 IT IS SO ORDERED. Dated: November 14, 2023 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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