Elseth v. Speirs, et al

Filing 200

ORDER signed by Judge Garland E. Burrell, Jr. on 2/15/2012 ORDERING Dispositional Documents to be filed by 4/30/2012; VACATING the Jury Trial set for 2/28/2012; SETTING a Status Conference for 5/21/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A Joint Status Report shall be filed 14 days prior to the Status Conference. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN ELSETH, by his guardians
ad litem, Roger Elseth and
Partricia Ann Elseth,
Plaintiff,

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v.

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Deputy Probation Officer Jeff
Elorduy, individually,

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Defendant.
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2:08-cv-02890-GEB-CKD
ORDER RE: SETTLEMENT AND
DISPOSITION

Plaintiff filed a “Notice of Settlement” on February 15, 2012,
in which he states as follows:
[T]he parties have reached a settlement in the
above-entitled matter in full resolution of claims
asserted by Plaintiff ALLEN ELSETH by and through
his Guardians ad Litem, PATRICIA ELSETH and ROGER
ELSETH. All parties respectfully request that the
Court grant them a total of seventy-five (75) days
to complete and file all dismissal and dispositive
papers. The parties will have a settlement
agreement completely executed within the next
thirty (30) days. Plaintiff will then file the
requisite Motion for Approval of the Proposed
Settlement pursuant to E.D. Local Rules, Rule 202,
within fifteen (15) days following execution of the
settlement agreement. The settlement is conditioned
upon approval by the County of Sacramento.
Notification regarding the approval will be
provided to Plaintiff’s counsel within 15 days of
the filing of the Notice of Settlement.

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(ECF No. 199, 1-2.) Plaintiff also requests in the Notice of Settlement

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that

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upcoming hearing and trial dates [be vacated].” Id. at 2.

“this case [be removed] from the civil active list and . . . any

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Therefore, a dispositional document shall be filed no later

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than April 30, 2012. Failure to respond by this deadline may be

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construed as consent to dismissal of this action without prejudice, and

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a dismissal order could be filed. See E.D. Cal. R. 160(b) (“A failure to

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file dispositional papers on the date prescribed by the Court may be

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grounds for sanctions.”).

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Further, the trial scheduled to commence on February 28, 2012,

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is vacated. A status conference is scheduled on May 21, 2012, at 9:00

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a.m., in the event no dispositional document is filed, or if this action

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is not otherwise dismissed. A joint status report shall be filed

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fourteen (14) days prior to the status conference.

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IT IS SO ORDERED.
Dated:

February 15, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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