United States of America v. Real Property Located at 5322 Silouette Court, Elk Grove, California

Filing 30

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 5/9/11 ORDERING the Status Conference currently set for 5/23/11 is reset for 7/18/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. in the event no dispositional document is filed, or if this action is not otherwise dismissed. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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REAL PROPERTY LOCATED AT 5322
SILOUETTE COURT, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 132-1650-051, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO,
Defendant.
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2:09-cv-00137-GEB-JFM
ORDER RE: SETTLEMENT AND
DISPOSITION

Plaintiff filed a “Notice of Settlement” on May 6, 2011, in

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which

it

states:

“The

parties

have

reached

a

settlement

in

the

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above-captioned case. Settlement documents were sent to Claimant Maggie

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Luong and will be filed with the Court upon receipt.” (ECF No. 29.)

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Therefore, a dispositional document shall be filed no later

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than May 26, 2011. Failure to respond by this deadline may be construed

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as

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dismissal order could be filed.

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

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grounds for sanctions.”).

consent

to

dismissal

of

this

action

without

prejudice,

and

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See E.D. Cal. R. 160(b) (“A failure to

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Further, the Status Conference scheduled for May 23, 2011, is

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continued to commence at 9:00 a.m. on July 18, 2011, in the event no

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dispositional document is filed, or if this action is not otherwise

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dismissed.1

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prior to the status conference.

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A joint status report shall be filed fourteen (14) days

IT IS SO ORDERED.
Dated:

May 9, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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The status conference will remain on calendar, because the
mere representation that a case has been settled does not justify
vacating a scheduling proceeding. 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).
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