Johnson v. Paradise Investment, Inc.

Filing 9

ORDER RE: Settlement and Disposition signed by Judge Garland E. Burrell, Jr on 8/24/11. The Status Conference is reset for 10/17/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT N. JOHNSON,
Plaintiff,

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v.

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PARADISE INVESTMENT, INC.,

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Defendant.
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2:11-cv-01296-GEB-DAD
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Notice of Settlement” on August 21, 2011,

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in

which

he

states,

“the

parties

have

settled

this

action[,

and

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d]ispositional documents will be filed within (30) calendar days.” (ECF

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No. 8.)

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Therefore, a dispositional document shall be filed no later

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than September 20, 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. 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.”).

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Further,

the

Status

Conference

scheduled

for

hearing

on

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September 19, 2011, is continued to commence at 9:00 a.m. on October 17,

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2011, 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:

August 24, 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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