Couglin v. California Dept of Corrections and Rehabilitation, et al.,

Filing 70

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 7/14/2010 ORDERING a dispositional document shall be filed no later than 60 days after the State of California adopts a state budget. The trial scheduled for 8/31/2010 is vacated; and a Status Conference is set for 10/18/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Matson, R)

Couglin v. California Dept of Corrections and Rehabilitation, et al.,

Doc. 70

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 (Id., 27-2.) Therefore, Defendant requests "the Court fix a date upon which the documents disposing of this action must be filed at least 60 days after the adoption of a State budget." (Id., 2:3-5.) Pursuant to Defendant's request, a dispositional document shall be filed no later than sixty (60) days after the State of 1
Dockets.Justia.com

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

BOBBI COUGHLIN, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION AND TOM MAUGERI, Defendants. ________________________________ Defendant California

) ) ) ) ) ) ) ) ) ) ) )

2:08-cv-02772-GEB-JFM ORDER RE: SETTLEMENT AND DISPOSITION

Department

of

Corrections

and

Rehabilitation filed a Notice of Settlement on July 13, 2010, in which Defendant states, "the parties to this action have agreed to settlement in principle." (Docket No. 68, 1:25-26.) Defendant further states [G]ood cause exists for the extension of time to file final disposition documents. Due to the lack of a California State Budget, the payment of Settlement Amount and the final dismissal of the action will not occur until after the adoption of a California State Budget. The parties are unaware of and cannot predict when California will adopt a state budget.

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California adopts a state budget. 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 papers on the date prescribed by the Court may be grounds for sanctions."). The trial scheduled to commence at 9:00 a.m. on August 31, 2010 is vacated. A status conference is scheduled for October 18, 2010 at 9:00 a.m., in the event that no dispositional document is filed, or if this action is not otherwise dismissed. A joint status report addressing only the status of filing a dispositional document shall be filed fourteen days prior to the status conference. IT IS SO ORDERED. Dated: July 14, 2010

GARLAND E. BURRELL, JR. United States District Judge

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