Doug Duin v. Dale Elaine McCormick, et al

Filing 64

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 4/3/2012 ORDERING that Plaintiff filed a 63 "Notice of Settlement" on 4/6/2012, in which he states, "the above-referenced matter has been settled[; a] st ipulation and order of dismissal will be filed within the time frame set forth in Local Rule 160(b)." Therefore, a dispositional document shall be filed no later than 4/24/2012. 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 E.D. Cal. R. 160(b) ("A failure to file dispositional papers on the date prescribed by the Court may be grounds for sanctions."). Further, the trial scheduled to commence at 9:00 a.m. on 5/15/2012, shall remain on calendar in the event no dispositional document is filed, or if this action is not otherwise dismissed. (Zignago, K.)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DOUGLAS C. DUIN, Plaintiff, 11 12 v. 14 DALE ELAINE McCORMICK; ESTATE OF ROBERT A. McCORMICK, Deceased; JOHN G. STEFFES, 15 Defendants. ________________________________ 13 ) ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-02150-GEB-EFB ORDER RE: SETTLEMENT AND DISPOSITION 16 17 Plaintiff filed a “Notice of Settlement” on April 3, 2012, in 18 which he states, “the above-referenced matter has been settled[; a] 19 stipulation and order of dismissal will be filed within the time frame 20 set forth in Local Rule 160(b).” (ECF No. 63.) 21 Therefore, a dispositional document shall be filed no later 22 than April 24, 2012. Failure to respond by this deadline may be 23 construed as consent to dismissal of this action without prejudice, and 24 a dismissal order could be filed. See E.D. Cal. R. 160(b) (“A failure to 25 file dispositional papers on the date prescribed by the Court may be 26 grounds for sanctions.”). 27 28 1 1 Further, the trial scheduled to commence at 9:00 a.m. on May 2 15, 2012, shall remain on calendar in the event no dispositional 3 document is filed, or if this action is not otherwise dismissed. 4 5 IT IS SO ORDERED. Dated: April 3, 2012 6 7 8 GARLAND E. BURRELL, JR. United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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