Rose v. Munirs Company et al

Filing 34

ORDER signed by Judge Garland E. Burrell, Jr. on 02/02/09 ORDERING that, pursuant to 33 Notice of Settlement, a dispositional document shall be filed by 02/16/09. The 03/10/09 trial REMAINS on calendar in the event that no dispositional document is filed, or if this action is not otherwise dismissed. However, all filings in the Final Pretrial Order shall be filed 10 court days before trial. (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JESSICA ROSE, ) ) Plaintiffs, ) ) v. ) ) THE MUNIRS COMPANY; MOHAMMED MUNIR;) IHOP CORPORATION, ) ) Defendants. ) ) 2:07-cv-000317-GEB-DAD ORDER RE: SETTLEMENT AND DISPOSITION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

On January 27, 2009, parties filed a Notice of Settlement in which it states "this entire case has been settled." Therefore,

a dispositional document shall be filed no later than February 16, 2009. consent Failure to respond by this deadline may be construed as to dismissal of this action without prejudice, and a

dismissal order could be filed.

See L.R. 16-160(b) ("A failure to

file dispositional papers on the date prescribed by the Court may be grounds for sanctions."). /// /// /// /// 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1

The trial scheduled for March 10, 2009, at 9:00 a.m. will remain on calendar in the event that no dispositional document is filed, or if this action is not otherwise dismissed.1 However, all

filings in the Final Pretrial Order shall be filed ten court days before trial. IT IS SO ORDERED. February 2, 2009

Dated:

GARLAND E. BURRELL, JR. United States District Judge

The trial will remain on calendar, because the mere representation that an action has been settled does not justify removal of the action from a district court's trial docket. Cf. Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987) (indicating that a representation that claims have been settled does not necessarily establish the existence of a binding settlement agreement). 2