United States of America v. Approximately $7,081.00 in U.S. Currency et al

Filing 28

ORDER signed by Judge Garland E. Burrell, Jr. on 2/8/2012 ORDERING that dispositional documents shall be filed by 2/29/2012; CONTINUING the Status Conference until 4/9/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (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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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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APPROXIMATELY $7,081.00 IN U.S.
CURRENCY,

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2006 HONDA CRF450R MOTORCYCLE,
VIN: JH2PE05336M413204,
CALIFORNIA LICENSE NUMBER:
83C47Y,

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2004 HONDA CRF250X MOTORCYCLE,
VIN: JH2ME11184K000863,
CALIFORNIA LICENSE NUMBER:
Z26N82,

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2006 YAMAHA TT-R230 MOTORCYCLE,
VIN: 9C6CG19Y560013660,
CALIFORNIA LICENSE NUMBER:
14E21L, and

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1984 CASE 580E BACKHOE WITH
SCRAPER BUCKET, VIN: 17033151.

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Defendant.
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2:10-cv-00520-GEB-DAD
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Notice of Settlement” on February 8, 2012,

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in which it states, “the parties to the above-referenced civil action

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have reached a settlement[, and t]he dispositional papers will be filed

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with the Court within twenty-one days, in accordance with E.D. Cal. R.

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160(b).” (ECF No. 27.)

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Therefore, a dispositional document shall be filed no later

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than February 29, 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

Status

Conference

scheduled

for

hearing

on

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February 27, 2012, is continued to commence at 9:00 a.m. on April 9,

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2012, in the event no dispositional document is filed, or if this action

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is not otherwise dismissed.1 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 8, 2012

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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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