Aberle v. Allied Collection Services, Inc.

Filing 8

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr on 9/27/13. A Dispositional document shall be file no later than 11/26/2013. Further, the Status Conference scheduled for hearing on 12/9/13, will remain on calendar in the event no dispositional document is filed, or if this action is not otherwise dismissed. (Mena-Sanchez, L)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 Byron Aberle, 10 13 2:13-cv-01682-GEB-AC Plaintiff, 11 12 No. v. Allied Collection Services, Inc.; and DOES 1-10, inclusive, 14 ORDER RE: SETTLEMENT AND DISPOSITION Defendants. 15 16 Plaintiff filed a “Notice of Settlement” on September 17 27, 2013, in which he states: “the parties in the above-captioned 18 case have reached a settlement[, and t]he Plaintiff anticipates 19 filing 20 dismissal of this action with prejudice pursuant to Fed. R. Civ. 21 P. 41(a) within 60 days.” (Notice of Settlement 2:2-6, ECF No. 22 7.) a notice of withdrawal of Complaint and voluntary 23 Therefore, a dispositional document shall be filed no 24 later than November 26, 2013. Failure to respond by this deadline 25 may be construed as consent to dismissal of this action without 26 prejudice, and a dismissal order could be filed. 27 R. 160(b) (“A failure to file dispositional papers on the date 28 prescribed by the Court may be grounds for sanctions.”). 1 See E.D. Cal. 1 Further, the Status Conference scheduled for hearing on 2 December 3 dispositional 4 otherwise dismissed.1 5 9, 2013, will document remain is on filed, calendar or if in this the event action is no not IT IS SO ORDERED. 6 Dated: September 27, 2013 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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). 2

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