Lemire et al v. State of California et al

Filing 241

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 8/3/2015 ORDERING that a dispositional document be filed by 9/2/2015; WARNING all parties that a failure to respond to this deadline may be construed as consent to dismis sal of this action without prejudice, and that a dismissal order could be filed; VACATING the Bench Trial set for 8/4/2015; SETTING a Status Conference for 10/26/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a joint status report be filed fourteen (14) days prior to the Status Conference. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHELLY LEMIRE, individually
and as a personal
representative for the
ESTATE OF ROBERT ST. JOVITE;
GERARD CHARLES ST. JOVITE;
and NICOLE ST. JOVITE;

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2:08-cv-00455-GEB-EFB

ORDER RE: SETTLEMENT AND
DISPOSITION & VACATING TRIAL

Plaintiffs,

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No.

v.
D.K. SISTO, JAMES NUEHRING,
REBECCA CAHOON, and C.
HOLLIDAY,
Defendants.

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The parties filed a “Joint Statement Re: Trial Length &

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Notice of Conditional Settlement,” on August 3, 2015, in which

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they state: “[The parties] have reached a conditional settlement

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agreement. The parties need to work out the details of the final

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agreement

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request

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documents, required under Local Rule 160(b), within thirty days

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of this notice.” (Joint Statement 2:3-6, ECF No. 240.)

and
that

prepare
they

be

the

necessary

permitted

to

documents.
file

the

The

parties

dispositional

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Therefore, a dispositional document shall be filed no

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later than September 2, 2015. Failure to respond by this deadline

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may be construed as consent to dismissal of this action without

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prejudice, and a dismissal order could be filed. See E.D. Cal. R.
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160(b)

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prescribed by the Court may be grounds for sanctions.”).

(“A

failure

to

file

dispositional

papers

on

the

date

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Further, in light of the referenced settlement, the

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trial, scheduled to commence on August 4, 2015, at 9:00 a.m., is

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VACATED. A status conference is scheduled to commence at 9:00

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a.m. on October 26, 2015, in the event no dispositional document

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is filed, or if this action is not otherwise dismissed.

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status report shall be filed fourteen (14) days prior to the

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status conference.

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IT IS SO ORDERED.
Dated:

August 3, 2015

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A joint