Johnson v. Omkar Properties, Inc. et al

Filing 9

ORDER RE: Settlement and Disposition signed by Judge Garland E. Burrell, Jr on 2/5/08. The Dispositional documents shall be filed no later than 2/18/08. The Status Conference scheduled for 3/17/08, is RESET for 3/31/2008 at 09:00 AM in the event that no dispositional document is filed, or if this action is not otherwise dismissed. Further, a joint status report shall be filed fourteen days prior to the status conference. (Mena-Sanchez, L)

Johnson v. Omkar Properties, Inc. et al

Doc. 9

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 On January 29, 2008, Plaintiff filed a Notice of Settlement in which he states "the parties have settled this action" and "[d]ispositional documents will be filed within (20) calendar days." Therefore, a dispositional document shall be filed no later than February 18, 2008. Failure to respond by this deadline may be SCOTT N. JOHNSON, ) ) Plaintiff, ) ) v. ) ) OMKAR PROPERTIES, INC., d/b/a ) SUPER 8 EXECUTIVE SUITES; OMKAR ) PARTNERSHIP, a California General ) Partnership d/b/a SUPER 8 EXECUTIVE) SUITES; RAMESH D. PATEL, d/b/a ) SUPER 8 EXECUTIVE SUITES; DINESH ) D. PATEL, d/b/a SUPER 8 EXECUTIVE ) SUITES; NARENDRA D. PATEL, d/b/a ) SUPER 8 EXECUTIVE SUITES, ) ) Defendants. ) ) 2:07-cv-02331-GEB-KJM ORDER RE: SETTLEMENT AND DISPOSITION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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."). 1
Dockets.Justia.com

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 Dated:

The status conference scheduled for March 17, 2008, is reset for hearing on March 31, 2008, at 9:00 a.m., in the event that no dispositional document is filed, or if this action is not

otherwise dismissed.

Further, a joint status report shall be filed

fourteen days prior to the status conference.1 IT IS SO ORDERED. 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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