Allstate Insurance Company v. Steffes et al

Filing 53

ORDER signed by Judge Garland E. Burrell, Jr on 05/07/12 ORDERING that, pursuant to 52 Notice of Settlement, a dispositional document shall be filed by 06/18/12. The 06/04/12 hearing on the 48 Motion for Summary Judgment is VACATED; the 11/26/12 Final Pretrial Conference REMAINS on calendar in the event no dispositional document is filed, or if this action is not otherwise dismissed. (Benson, A.)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 ALLSTATE INSURANCE COMPANY, an Illinois Corporation, 8 Plaintiff, 9 10 v. 11 JOHN STEFFES and DOUGLAS C. DUIN, 12 Defendants. ________________________________ ) ) ) ) ) ) ) ) ) ) ) ) 2:11-cv-00249-GEB-EFB ORDER RE: SETTLEMENT AND DISPOSITION 13 14 Plaintiff filed a “Notice of Settlement” on May 3, 2012, in 15 which it states: “this action has settled. The parties are presently 16 preparing 17 documentation, shall file a request for dismissal with prejudice of the 18 action in its entirety. The parties expect that such a request for 19 dismissal shall be filed within 45 days.” (ECF No. 52, 1:20-23.) 20 Plaintiff also requests that “the Court vacate all pending court dates.” 21 Id. at 2:1-2. settlement documentation and, upon execution of such 22 A dispositional document shall be filed no later than June 18, 23 2012. Failure to respond by this deadline may be construed as consent to 24 dismissal of this action without prejudice, and a dismissal order could 25 be filed. See E.D. Cal. R. 160(b) (“A failure to file dispositional 26 papers 27 sanctions.”). on the date prescribed by 28 1 the Court may be grounds for 1 Further, in light of the settlement, Plaintiff’s Motion for 2 Summary Judgment, scheduled for hearing on June 4, 2012, is vacated. 3 However, the Final Pretrial Conference scheduled for November 26, 2012, 4 shall remain on calendar in the event no dispositional document is 5 filed, or if this action is not otherwise dismissed.1 6 7 IT IS SO ORDERED. Dated: May 7, 2012 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The Final Pretrial 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). 2

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