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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