Universal Casualty Company v. A&H Express, et al,.

Filing 29

ORDER signed by Judge Garland E. Burrell, Jr on 8/2/11 ORDERING that a dispositional document shall be filed no later than 8/19/11. The Status Conference Scheduled for hearing on 9/16/11 will remain on calendar in the event no dispositional document is filed, or if this action is not otherwise dismissed. A joint Status Report shall be filed fourteen (14) days prior to the Status Conference.(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNIVERSAL CASUALTY COMPANY,
Plaintiff,

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v.
A & H EXPRESS, INC., AMANDEEP
SANDU, AJMER SINGH, JACKIE
FLETCHER, CLAYTON BAKER, ROBERT
NEWCOMER, DENENE DELGADO,
MICHAEL IRION, MARVIN JOHN
VANDERSLOOT, ESTATE OF CLAY
NEWCOMER, ESTATE OF DOTSIE
IRION, PROGRESSIVE INSURANCE
COMPANY, NATIONWIDE INSURANCE
COMPANY, 21st CENTURY INSURANCE
COMPANY,
Defendant.
________________________________

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2:11-cv-00354-GEB-EFB
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Notice of Settlement” on July 5, 2011, in

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which it states, “the parties reached a global settlement as between

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UCC, A & H Express, Amandeep Sahndu, and Ahmer Singh and the remaining

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defendants and potential claimants[.]” (ECF No. 25, 1:25-2:2.) Plaintiff

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requests “the Court schedule an order to show cause hearing regarding

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settlement for approximately 45 days to allow time for the parties to

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complete the settlement.” Id. at 2:16-3:2.

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Therefore, a dispositional document shall be filed no later

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than August 19, 2011. Failure to respond by this deadline may be

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construed as consent to dismissal of this action without prejudice, and

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a dismissal order could be filed.

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to file dispositional papers on the date prescribed by the Court may be

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grounds for sanctions.”).

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Further,

the

Status

See E.D. Cal. R. 160(b) (“A failure

Conference

scheduled

for

hearing

on

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September 19, 2011 will remain on calendar in the event no dispositional

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

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joint status report shall be filed fourteen (14) days prior to the

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status conference, in which the parties shall address why the “paternity

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dispute” portion of their settlement agreement should not be resolved in

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state court.

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A

IT IS SO ORDERED.
Dated:

August 2, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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The status 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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