Tarr v. Midland Credit Management, Inc.

Filing 17

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr on 4/5/11: Dispositional document shall be filed no later than June 6, 2011. (Kaminski, H)

-DAD (TEMP) Tarr v. Midland Credit Management, Inc.

Doc. 17

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 Plaintiff filed a "Notice of Settlement" on April 5, 2011, in which she states, "this case has settled[,]" and requests "sixty (60) days . . . to file dispositive documentation." (ECF No. 16.) Therefore, a dispositional document shall be filed no later than June 6, 2011. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a v. MIDLAND CREDIT MANAGEMENT, INC., Defendant. ________________________________ YOLANDA TARR, Plaintiff, ) ) ) ) ) ) ) ) ) ) 2:10-cv-03231-GEB-DAD ORDER RE: SETTLEMENT AND DISPOSITION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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."). Plaintiff also states in its "Notice of Settlement": "This Court shall retain jurisdiction over this matter until fully resolved." "[T]he mere fact that the parties agree that the court should exercise continuing jurisdiction is not binding on the court." Intern., Inc., 96 F.3d 1265, 1269 (9th Cir. 1996). Arata v. Nu Skin

"A federal court may

refuse to exercise continuing jurisdiction even though the parties have

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agreed to it. Parties cannot confer jurisdiction by stipulation or consent." Collins v. Thompson, 8 F.3d 657, 859 (9th Cir. 1993). IT IS SO ORDERED. Dated: April 5, 2011

GARLAND E. BURRELL, JR. United States District Judge

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