Dodson v. Petsmart, Inc. et al

Filing 20

ORDER signed by Judge Garland E. Burrell, Jr. on 11/14/2012 ORDERING Dispositional documents shall be filed no later than 12/21/2012; Scheduling Conference Reset for 1/28/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; a joint status report shall be filed 14 days prior to the status conference. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Robert Dodson,
Plaintiff,

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v.

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Petsmart, Inc. dba PETSMART
#0048; THEODORE P. KOROS,
TRUSTEE of the KOROS FAMILY
TRUST UNDER AGREEMENT
DATED MAY 8, 2012; ANGELA R.
KOROS, TRUSTEE of the KOROS
FAMILY TRUST UNDER
AGREEMENT DATED MAY 8,
2012; SOPHIA PETER KELLEY;
THOMAS KOROS; NICHOLAS
KOROS; PETER T. KOROS,
TRUSTEE of the KOROS FAMILY
TRUST u/d/t DATED JANUARY
25, 1988; ELENI P. KOROS,
TRUSTEE of the KOROS FAMILY
TRUST u/d/t DATED JANUARY
25, 1988,

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Defendants.
________________________________

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2:12-cv-02144-GEB-JFM
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Notice of Settlement” on November 9, 2012,

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in which he states: “the aforementioned matter known as Dodson v.

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Petsmart,

Inc.,

et

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resolved[,

and

t]he

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Dismissal within six weeks.(ECF No. 19.)

al.,

Case

parties

No.

2:12-cv-02144-GEB-JFM

anticipate

filing

a

has

Stipulation

been
for

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Therefore, a dispositional document shall be filed no later

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than December 21, 2012. 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.

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to 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

See E.D. Cal. R. 160(b) (“A failure

Conference

scheduled

for

hearing

on

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November 26, 2012, is continued to commence at 9:00 a.m. on January 28,

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2013, in the event no dispositional document is filed, or if this action

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is not otherwise dismissed.1

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fourteen (14) days prior to the status conference.

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A joint status report shall be filed

IT IS SO ORDERED.
Dated:

November 14, 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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