Singh v. United of Omaha Life Insurance Company
Filing
30
ORDER signed by Judge Garland E. Burrell, Jr on 2/15/12 ORDERING a dispositional document be filed no later than 3/2/12. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal or der could be filed. Further, Status Conference is CONTINUED to 3/26/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. in the event no dispositional document is filed, or if this action is not otherwise dismissed. A joint status report shall be filed 14 days prior to the Status Conference. (Meuleman, 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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MANJIT K. SINGH,
Plaintiff,
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v.
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UNITED OF OMAHA LIFE INSURANCE
COMPANY, and THE PSYCHIATRIC
SOLUTIONS, INC. LONG TERM
DISABILITY PLAN, an employee
welfare benefit plan.
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Defendants.
________________________________
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2:11-cv-00497-GEB-GGH
ORDER RE: SETTLEMENT AND
DISPOSITION
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Plaintiff filed a Notice of Settlement on February 13, 2012,
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in which she states: “[t]he parties appeared in front of [a mediator] on
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February 8, 2012 pursuant to the Court’s Voluntary Dispute Resolution
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Program, and reached an agreement on a settlement of this matter. Formal
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settlement documentation is being finalized, and the parties currently
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expect to file a stipulation for dismissal of the entire action with
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prejudice within two weeks.” (ECF No. 29.)
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Therefore, a dispositional document shall be filed no later
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than March 2, 2012. Failure to respond by this deadline may be construed
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as
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dismissal order could be filed. See E.D. Cal. R. 160(b) (“A failure to
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file dispositional papers on the date prescribed by the Court may be
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grounds for sanctions.”).
consent
to
dismissal
of
this
action
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without
prejudice,
and
a
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Further,
the
Status
Conference
scheduled
for
hearing
on
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February 27, 2012, is continued to commence at 9:00 a.m. on March 26,
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2012, in the event no dispositional document is filed, or if this action
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is not otherwise dismissed.1 A joint status report shall be filed
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fourteen (14) days prior to the Status Conference.
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IT IS SO ORDERED.
Dated:
February 15, 2012
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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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