American Furniture Warehouse Corporation v. American Furniture Gallery, et. al.

Filing 42

ORDER signed by Judge Garland E. Burrell, Jr on 7/29/13 ORDERING that the dispositional documents shall be filed no later than 8/16/13. Further, the Status Conference scheduled for hearing on 9/30/13, 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 fourteen (14) days prior to the status conference.(Mena-Sanchez, 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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AMERICAN FURNITURE WAREHOUSE
CORPORATION dba AMERICAN
FURNITURE GALLERIES,
Plaintiff,

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v.

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AMERICAN FURNITURE GALLERY,
ALAN TRAN, KEVIN TRAN, and DOES
1 through 20, inclusive,

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Defendants.
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2:12-cv-02911-GEB-EFB
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Notice of Settlement of the Entire Action”

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on July 26, 2013, in which it states: “the case has been settled. A

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formal settlement agreement will be circulated between the parties for

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review and approval. Once all of the appropriate signatures have been

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obtained, Plaintiff will file a Notice of Voluntary Dismissal of the

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entire action.” (ECF No. 41.)

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Therefore, a dispositional document shall be filed no later

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than August 16, 2013. See E.D. Cal. R. 160(b) (requiring dispositional

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documents be filed within twenty-one days from the date of notification

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of settlement “absent good cause”). Failure to respond by this deadline

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may

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prejudice, and a dismissal order could be filed.

be

construed

as

consent

to

dismissal

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of

this

action

without

See id. (“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

event

no

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September

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dispositional document is filed, or if this action is not otherwise

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dismissed.1

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prior to the status conference.

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30,

2013,

will

remain

on

calendar

in

the

A joint status report shall be filed fourteen (14) days

IT IS SO ORDERED.
Dated:

July 29, 2013

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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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