Wilkinson v. M. Callahan & Associates, LLC

Filing 27

ORDER re SETTLEMENT and DISPOSITION signed by Judge Garland E. Burrell, Jr. on 10/13/2010. Since plaintiff has filed a 26 Notice of Settlement, a dispositional document shall be filed no later than 11/26/2010. Status Conference is CONTINUED to 12/13/2010 at 09:00 AM in Courtroom 10 (GEB) in the event that no document is filed. Further Joint Status Report shall be filed 14 days prior to Status Conference. (Marciel, M)

Wilkinson v. M. Callaghan & Associates, LLC

Doc. 27

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Dockets.Justia.com

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

RONALD WILKINSON, Plaintiff, v. M. CALLAGHAN & ASSOCIATES, LLC, Defendant. ________________________________

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2:09-cv-03386-GEB-KJM ORDER RE: SETTLEMENT AND DISPOSITION

Plaintiff filed a "Notice of Settlement" on October 12, 2010, in which he states, "a settlement of the present matter has been reached . . . which Plaintiff anticipates will be finalized within the next 45 days." (ECF No. 26.) Therefore, a dispositional document shall be filed no later than November 26, 2010. 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 Status Conference scheduled for November 1, 2010, is continued to commence at 9:00 a.m. on December 13, 2010, in the event no dispositional document is filed, or if this action is not otherwise

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dismissed.1 Further, a joint status report shall be filed fourteen (14) days prior to the status conference. IT IS SO ORDERED. Dated: October 13, 2010

GARLAND E. BURRELL, JR. United States District Judge

The status conference will remain on calendar, because the mere representation that a case has been settled does not justify discontinuance of calendering 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

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