Barnes-Boers v. Tractor Supply Company

Filing 12

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Becky Barnes-Boers,

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2:13-cv-01585-GEB-CMK

Plaintiff,

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No.

v.

ORDER RE: SETTLEMENT AND
DISPOSITION

Tractor Supply Company, a
Delaware Corporation,
Defendant.

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Plaintiff filed a Notice of Settlement on January 19,

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2015, in which she states:

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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. . . .

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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.

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(Pl.’s Notice of Settlement, ECF No. 11.)

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Therefore, a dispositional document shall be filed no
later than March 5, 2015. Failure to respond by this deadline may
be

construed

as

consent

to

dismissal

of

this

prejudice, and a dismissal order could be filed.

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action

without

See E.D. Cal.

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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.”). The

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dates

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Scheduling)

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representation that a case has been settled does not justify

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vacating them. Cf. Callie v. Near, 829 F.2d 888, 890 (9th Cir.

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1987) (indicating that a representation that claims have been

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settled does not necessarily establish the existence of a binding

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settlement agreement).

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prescribed
Order

in

the

will

January

remain

on

IT IS SO ORDERED.
Dated:

January 22, 2015

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15,

2014

calendar

Status
because

(Pretrial
the

mere