Reliance Standard Life Insurance v. Harrison

Filing 32

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr on 8/31/11 ORDERING a dispositional document shall be filed no later than 9/9/11. A Status Conference is set for 10/3/2011 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 dismissed. (Matson, R)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

RELIANCE STANDARD LIFE INSURANCE
COMPANY,

11

Plaintiff,

12

v.

13

CHARLIE A. HARRISON,

14

Defendant.
________________________________

15

)
)
)
)
)
)
)
)
)
)
)

2:09-cv-0532-GEB-KJN
ORDER RE: SETTLEMENT AND
DISPOSITION

16

Plaintiff filed an “Amended Notice of Settlement” on June 20,

17

2011, in which it states, “the parties have settled this matter in

18

principle.” (ECF No. 29.)

19

Therefore, a dispositional document shall be filed no later

20

than September 9, 2011. Failure to respond by this deadline may be

21

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

22

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

23

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

24

grounds for sanctions.”).

25

Further, a Status Conference is scheduled for hearing on

26

October 3, 2011, commencing at 9:00 a.m., in the event no dispositional

27
28
1

1

document is filed, or if this action is not otherwise dismissed.1 A joint

2

status report shall be filed fourteen (14) days prior to the Status

3

Conference.

4
5

IT IS SO ORDERED.
Dated:

August 31, 2011

6
7

GARLAND E. BURRELL, JR.
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

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).
2