White v. Citibank, National Association

Filing 18

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr., on 10/30/12. A dispositional document shall be filed no later than 11/19/2012. The Status Conference scheduled for hearing on 3/4/2013 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 14 days prior to the Status Conference. (Kastilahn, 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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BECKY WHITE,
Plaintiff,

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v.

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EQUIFAX INFORMATION SERVICES,
LLC, and DOES 1-100, inclusive,

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Defendants.*
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2:12-cv-01400-GEB-KJN
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Notice of Settlement” on October 29, 2012,

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in which she states that the parties “have reached a settlement in

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principle of the above captioned case and are in the process of

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documenting said settlement.” (ECF No. 17.)

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Therefore, a dispositional document shall be filed no later

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than November 19, 2012. See L.R. 160(b). Failure to respond by this

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deadline may be construed as consent to dismissal of this action without

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prejudice, and a dismissal order could be filed. Id. (“A failure to file

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dispositional papers on the date prescribed by the Court may be grounds

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for sanctions.”).

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Further, the Status Conference scheduled for hearing on March

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4, 2013, will remain on calendar in the event no dispositional document

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The caption has been amended in accordance with the voluntary
dismissal of Defendant Citibank, National Association on October 1,
2012. See ECF No. 12.
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is filed, or if this action is not otherwise dismissed.2

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report shall be filed fourteen (14) days prior to the Status Conference.

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A joint status

IT IS SO ORDERED.
Dated:

October 30, 2012

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GARLAND E. BURRELL, JR.
Senior 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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