Samuels v. Owens-Brockway Glass Container Inc.

Filing 66

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr., on March 13, 2015. Dispositional document shall be filed no later than May 11, 2015. Failure to respond by this deadline may be construed as consent to dismissal of this ac tion without prejudice, and a dismissal order could be filed. Further, in light of the referenced settlement 65 , the pending motion for summary judgment (ECF No 28 ) is deemed withdrawn, and the final pretrial conference scheduled for hearing on March 30, 2015, is vacated. (Rivas, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH SAMUELS,

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2:13-cv-00713-GEB-DAD

Plaintiff,

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No.

v.

ORDER RE: SETTLEMENT AND
DISPOSITION

OWENS-BROCKWAY GLASS
CONTAINER, INC.,
Defendant.

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The

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March

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in

which

a

Joint

they

Notice

state

“the

of

Settlement

lawsuit

has

on

settled[,]” and request

been

that
the
Pre-trial
Conference
currently
scheduled for March 30, 2015 be vacated.
Because the parties are still negotiating
settlement terms and because the settlement
agreement
will
require
approval
by
California's Workers Compensation Appeals
Board, the parties request 60 days from the
date of this Notice in which to file the
dismissal.

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2015,

filed

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12,

parties

(Joint Notice of Settlement, ECF No. 65.)

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Therefore, a dispositional document shall be filed no

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later than May 11, 2015. Failure to respond by this deadline may

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be

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prejudice, and a dismissal order could be filed.

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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.”).

construed

as

consent

to

dismissal

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of

this

action

without

See E.D. Cal.

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Further, in light of the referenced settlement, the

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pending

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withdrawn,

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hearing on March 30, 2015, is vacated.

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IT IS SO ORDERED.

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Dated:

motion
and

for

summary

the

final

judgment
pretrial

March 13, 2015

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(ECF

No

conference

28)

is

deemed

scheduled

for