Navarro v. Sears Life Insurance Company

Filing 59

ORDER signed by Judge Garland E. Burrell, Jr on 4/1/10 ORDERING that the Motions scheduled for 4/19/10 52 , 54 and 56 are deemed withdrawn. A dispositional document shall be filed no later than 5/3/2010. The Final Pretrial Conference scheduled for 6/28/10 at 1:30 p.m. will remain scheduled in the event that no dispositional documents is filed, or if this action is not otherwise dismissed. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 1 v. SEARS LIFE INSURANCE COMPANY; MARKET USA, INC., RITA NAVARRO, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) 2:08-cv-0000527-GEB-EFB ORDER RE: SETTLEMENT AND DISPOSITION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

On April 1, 2010, Plaintiff filed a Notice of Settlement in which she states that "this entire case has settled." Further, Plaintiff states that "[a] stipulation requesting dismissal of the entire action will be filed within thirty (30) days" and "that the multiple motions . . . scheduled to be heard on April 19, 2010, . . . may be dropped." April 19, 2010, Therefore, motions scheduled to be heard on and deemed withdrawn. Further, a

"dropped"

dispositional document shall be filed no later than May 3, 2010. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed. See L.R. 160(b) ("A failure to file dispositional

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papers on the date prescribed by the Court may be grounds for sanctions.") The final pretrial conference scheduled for June 28, 2010, at 1:30 p.m., will remain scheduled in the event that no

dispositional document is filed, or if this action is not otherwise dismissed. Further, a joint pretrial statement shall be filed seven

days prior to the final pretrial conference.1 IT IS SO ORDERED. Dated: April 1, 2010

GARLAND E. BURRELL, JR. United States District Judge

The final pretrial conference will remain on calendar, because the mere representation that a case 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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