Clay v. AT&T Communications of California, Inc. et al

Filing 33

ORDER signed by Magistrate Judge Kendall J. Newman on 3/5/2013 VACATING any scheduled dates in this action and ORDERING that parties file dispositional documents no later than 4/29/2013. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME CLAY,

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Plaintiff,

No. 2:12-cv-2027 JAM KJN PS

v.
AT&T COMMUNICATIONS OF
CALIFORNIA, INC., et al.,

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Defendants.

ORDER
/

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On March 4, 2013, the parties filed a notice of settlement indicating that they have

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reached a private settlement of the matter, and that upon completion of a final, written settlement

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agreement, the parties will file a stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the

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Federal Rules of Civil Procedure.1 (Dkt. No. 32.) The parties anticipate filing the stipulation of

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dismissal on or before April 28, 2013 (which falls on a Sunday). (Id.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. Any scheduled dates in this action are VACATED.

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Although the parties indicate that they will also submit a proposed order, this is
unnecessary, because a stipulation of dismissal signed by all parties who have appeared effectively
dismisses the action without a court order. See Fed. R. Civ. P. 41(a)(1)(A)(ii).
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2. The parties shall file dispositional documents, including any stipulation of

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dismissal pursuant to Rule 41(a)(1)(A)(ii), no later than April 29, 2013. Failure to file

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dispositional documents by that deadline, or to file a timely request for an extension of that

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deadline supported by good cause, may result in dismissal of the action without prejudice. See

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E.D. Cal. L.R. 160(b).

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IT IS SO ORDERED.
DATE: March 5, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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