Barnes-Boers v. Tractor Supply Company
ORDER signed by Judge Garland E. Burrell, Jr., on 1/22/15 ORDERING that a dispositional document shall be filed no later than 3/5/15. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed. (Kastilahn, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER RE: SETTLEMENT AND
Tractor Supply Company, a
Plaintiff filed a Notice of Settlement on January 19,
2015, in which she states:
The plaintiff hereby notifies the court
that a global settlement has been reached in
the above-captioned case. The settlement
agreement has been drafted and is circulating
for finalization. . . .
The plaintiff, therefore, applies to
this Honorable Court to vacate all currently
set dates with the expectation that the
Stipulation for Dismissal with prejudice as
to all parties will be filed within 45 days.
(Pl.’s Notice of Settlement, ECF No. 11.)
Therefore, a dispositional document shall be filed no
later than March 5, 2015. Failure to respond by this deadline may
prejudice, and a dismissal order could be filed.
See E.D. Cal.
R. 160(b) (“A failure to file dispositional papers on the date
prescribed by the Court may be grounds for sanctions.”). The
representation that a case has been settled does not justify
vacating them. 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
IT IS SO ORDERED.
January 22, 2015
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