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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLSTATE INSURANCE COMPANY, an
Illinois Corporation,

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Plaintiff,

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v.

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JOHN STEFFES and DOUGLAS C.
DUIN,

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Defendants.
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2:11-cv-00249-GEB-EFB
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Notice of Settlement” on May 3, 2012, in

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which it states: “this action has settled. The parties are presently

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preparing

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documentation, shall file a request for dismissal with prejudice of the

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action in its entirety. The parties expect that such a request for

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dismissal shall be filed within 45 days.” (ECF No. 52, 1:20-23.)

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Plaintiff also requests that “the Court vacate all pending court dates.”

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Id. at 2:1-2.

settlement

documentation

and,

upon

execution

of

such

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A dispositional document shall be filed no later than June 18,

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2012. Failure to respond by this deadline may be construed as consent to

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dismissal of this action without prejudice, and a dismissal order could

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be filed. See E.D. Cal. R. 160(b) (“A failure to file dispositional

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papers

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sanctions.”).

on

the

date

prescribed

by

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the

Court

may

be

grounds

for

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Further, in light of the settlement, Plaintiff’s Motion for

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Summary Judgment, scheduled for hearing on June 4, 2012, is vacated.

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However, the Final Pretrial Conference scheduled for November 26, 2012,

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shall remain on calendar in the event no dispositional document is

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filed, or if this action is not otherwise dismissed.1

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IT IS SO ORDERED.
Dated:

May 7, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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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).
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