Johnson v. Evilsizor et al

Filing 8

ORDER signed by Judge Garland E. Burrell, Jr on 4/7/10 ORDERING that the dispositional documents are to be filed no later than 4/26/10; Status Conference is continued to 6/14/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. in the event that no dispositional documents are filed. (Owen, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On March 26, 2010, Plaintiff filed a Notice of Settlement 18 in which he states "the parties have settled this action" and that 19 "[d]ispositional documents will be filed within (30) calendar days." 20 Therefore, a dispositional document shall be filed no later than 21 April 26, 2010. 22 as consent to dismissal of this action without prejudice, and a 23 dismissal order could be filed. 24 dispositional papers on the date prescribed by the Court may be 25 grounds for sanctions."). 26 The status conference scheduled for April 12, 2010, is 27 continued to commence at 9:00 a.m. on June 14, 2010, in the event 28 1 See L.R. 160(b) ("A failure to file Failure to respond by this deadline may be construed JOHN EVILSIZOR; MARY EVILSIZOR; KENNETH EVILSIZOR, Defendants. v. SCOTT N. JOHNSON, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) 2:09-cv-03521-GEB-JFM ORDER RE: SETTLEMENT AND DISPOSITION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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that no dispositional document is filed, or if this action is not otherwise dismissed. Further, a joint status report shall be filed

fourteen days prior to the status conference.1 IT IS SO ORDERED. Dated: April 7, 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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