Johnson v. Tayeh et al
Filing
6
ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr on 01/08/2009 ORDERING that dispositional documents shall be filed no later than January 20, 2009. The status conference scheduled for March 30, 2009 will remain on calendar, in the event no dispositional documents are filed. Further, a joint status report shall be filed 14 days prior the state conference. (Streeter, J)
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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 1 SCOTT N. JOHNSON, ) ) Plaintiff, ) ) v. ) ) HYTHEM TAYEH, d/b/a TOOLS; AZMI T. ) TAYEH; TAGHREED TAYEH, ) ) Defendants. ) ) 2:08-cv-02872-GEB-DAD IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
ORDER RE: SETTLEMENT AND DISPOSITION
On December 31, 2008, Plaintiff filed a Notice of Settlement in which he states "the parties have settled this action. days." Disposition documents will be filed within (20) calendar Therefore, a dispositional document shall be filed no later Failure to respond by this deadline may be
than January 20, 2009.
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 schedule for March 30, 2009, will remain on calendar, in the event no dispositional document is
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filed.
Further, a joint status report shall be filed fourteen days
prior to the status conference.1 Dated: January 8, 2009
GARLAND E. BURRELL, JR. United States District Judge
The status conference remains on calendar because the mere representation that an action has settled does not justify removing the action from the 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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