Selenis et al v. City of Citrus Heights et al

Filing 15

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 4/28/2015 ORDERING that dispositional documents be filed by 6/29/2015; WARNING the parties that a failure to respond to this deadline may be construed as consent to dismi ssal of this action without prejudice, and a dismissal order could be filed [see E.D. Cal. R. 160(b)]; CONTINUING the Final Pretrial Conference to 7/13/2015 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a joint pretrial statement be filed seven (7) days prior to the Final Pretrial Conference. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVRA SELENIS, an individual;
and TERENCE TODD, an
individual;

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Plaintiffs,

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No.

2:13-cv-02576-GEB-KJN

ORDER RE: SETTLEMENT AND
DISPOSITION

v.
CITY OF CITRUS HEIGHTS, and
OFFICER RYAN SMITH,
Defendants.*

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Plaintiffs filed a “Notice of Settlement” on April 28,

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2015, in which they state:

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[A] settlement of the entire action against
all parties has been reached in this matter.
The
parties
are
preparing
settlement
documents, which will be exchanged and
executed in the near future. The parties
anticipate filing a stipulation to dismiss
the case within sixty (60) days following
execution of settlement documents.

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(Notice of Settlement, ECF No. 14.)

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Accordingly, a dispositional document shall be filed no

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later than June 29, 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. See E.D. Cal. R.

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*

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construed

as

consent

to

dismissal

of

this

action

without

The caption has been amended according to the automatic dismissal of Doe
Defendants prescribed in the February 27, 2014 Status Order. (Status Order
2:5-7, ECF No. 7.)

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160(b)

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prescribed by the Court may be grounds for sanctions.”).

(“A

failure

to

file

dispositional

papers

on

the

date

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Further, the final pretrial conference scheduled for

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hearing on May 11, 2015, is continued to commence at 1:30 p.m. on

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July 13, 2015, in the event no dispositional document is filed,

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or if this action is not otherwise dismissed.1 A joint pretrial

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statement

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pretrial conference.

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shall

be

filed

seven

(7)

days

prior

to

the

final

IT IS SO ORDERED.
Dated:

April 28, 2015

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The final pretrial 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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