McCarrel et al v Stryker Corporation

Filing 11

ORDER re Settlement and Disposition signed by Judge Garland E. Burrell, Jr on 2/5/2008 ORDERING dispositional document shall be filed no later than 2/19/2008. (Matson, R)

McCarrel et al v Stryker Corporation

Doc. 11

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Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

SALLY McCARREL and BRIAN McCARREL, ) ) Plaintiffs, ) ) v. ) ) STRYKER CORPORATION, ) ) Defendant. ) )

2:07-cv-02267-GEB-DAD ORDER RE: SETTLEMENT AND DISPOSITION

On January 30, 2008, a Notice of Settlement was filed in this action. Therefore, a dispositional document shall be filed no Failure to respond by this deadline

later than February 19, 2008.

may be construed as consent 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."). The status conference scheduled for March 17, 2008, 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.

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Further, a joint status report shall be filed fourteen days prior to the status conference.1 IT IS SO ORDERED. Dated: February 5, 2008

GARLAND E. BURRELL, JR. United States District Judge

The status conference 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

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