Garfil v. Dell Financial Services, LLC

Filing 20

ORDER signed by Judge Garland E. Burrell, Jr. on 1/22/2015 ORDERING that dispositional documents re 19 Notice of Settlement be filed by 2/24/2015; WARNING all parties that a failure to respond to this deadline may be construed as consent to dismiss al of this action without prejudice [See E.D. Cal. R. 160(b)]; CONTINUING the Status Conference to 3/23/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a joint status report be filed fourteen (14) days before the Status Conference. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FLOSERFIDA GARFIL,

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No.

2:14-cv-01729-GEB-AC

Plaintiff,
v.

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DELL FINANCIAL SERVICES,
LLC.; and DOES 1-10,
inclusive,

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ORDER RE: SETTLEMENT AND
DISPOSITION

Defendants.

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Plaintiff filed a “Notice of Settlement” on January 15,

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2015, in which she states:

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Plaintiff
has
settled
her
case
with
Defendant, DELL FINANCIAL SERVICES, LLC.; and
DOES 1 to 10, inclusive. The parties are in
the process of finalizing settlement, and
Plaintiff anticipates the settlement will be
finalized in 40 days. Plaintiff respectfully
requests that this Honorable Court vacate all
dates currently set on calendar for this
case.

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(Notice of Settlement, ECF No. 19.)

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Therefore, a dispositional document shall be filed no

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later than February 24, 2015. Failure to respond by this deadline

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may be construed as consent to dismissal of this action without

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prejudice, and a dismissal order could be filed. See E.D. Cal. R.

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160(b)

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

(“A

failure

to

file

dispositional

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papers

on

the

date

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Further, the Status Conference scheduled for hearing on

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January 26, 2015, is continued to commence at 9:00 a.m. on March

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23, 2015, in the event no dispositional document is filed, or if

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this action is not otherwise dismissed.1

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shall be filed fourteen (14) days prior to the status conference.

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A joint status report

IT IS SO ORDERED.
Dated:

January 22, 2015

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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).

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