Feezor v. Tracy Mall Partners et al

Filing 24

ORDER signed by Judge Garland E. Burrell, Jr. on 11/8/2011 ORDERING a Stipulation for Dismissal as to Defendant Barnes & Noble be filed by 12/20/2011; WITHDRAWING 22 Motion to Strike/Motion for Summary Judgment. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARY FEEZOR,

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Plaintiff,

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v.

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TRACY MALL PARTNERS; APPLE
GILROY, INC., dba APPLEBEE’S
NEIGHBORHOOD GRILL & BAR; OCB
RESTAURANT COMPANY, LLC, dba
HOMETOWN BUFFET #0760; BARNES &
NOBLE, INC., dba BARNES & NOBLE
BOOKSELLERS #2105,

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Defendants.
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2:11-cv-02136-GEB-DAD
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Notice of Settlement as to Defendant Barnes

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& Noble Booksellers, Inc.” on November 8, 2011, in which he states: this

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“matter

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Booksellers, Inc. ONLY[ and t]he parties anticipate filing a Stipulation

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for Dismissal within four to six weeks.” (ECF No. 23.)

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has

been

resolved

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to

Defendant

Barnes

&

Noble

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Therefore, a Stipulation for Dismissal of Defendant Barnes &

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Noble shall be filed no later than December 20, 2011. Failure to respond

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by this deadline may be construed as consent to dismissal of this

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Defendant without prejudice, and a dismissal order could be filed. See

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E.D. Cal. R. 160(b) (“A failure to file dispositional papers on the date

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prescribed by the Court may be grounds for sanctions.”).

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Further, Plaintiff’s Motion to Strike Defendant Barnes &

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Noble’s Affirmative Defenses, which was filed on October 26, 2011, is

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deemed withdrawn in light of the notice of settlement; this motion may

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be re-noticed for hearing if no Stipulation for Dismissal is filed and

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this Defendant is not otherwise dismissed.

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IT IS SO ORDERED.
Dated:

November 8, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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