Johnson v. Wasatch Pool Holdings, LLC,

Filing 13

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 11/09/10 ORDERING that, per 11 Notice of Settlement, a dispositional document shall be filed by 12/08/10. The 01/09/12 pretrial conference shall remain on calendar in the event this action is not dismissed. (Benson, A.)

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Johnson v. Wasatch Pool Holdings, LLC, Doc. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Scott N. Johnson, Plaintiff, v. Wasatch Pool Holdings, LLC, a Utah limited liability company, Defendants. ________________________________ ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-01541-GEB-KJM ORDER RE: SETTLEMENT AND DISPOSITION Plaintiff filed a "Notice of Settlement" on November 7, 2010, in which he states, "the parties have settled this action. Dispositional documents will be filed within (30) calendar days."(ECF No. 11.) Therefore, a dispositional document shall be filed no later than December 8, 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 Final Pretrial Conference scheduled for January 9, 2012, will remain on calendar in the event that the above referenced 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dispositional document is not filed, or this action is not otherwise dismissed.1 IT IS SO ORDERED. Dated: November 9, 2010 GARLAND E. BURRELL, JR. United States District Judge The Final Pretrial 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 1

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