Loskot v. Red Rock Bar and Grill, LLC

Filing 15

ORDER re Settlement and Disposition signed by Judge Garland E. Burrell, Jr. on 12/5/2014. Parties have file a 14 Stipulation and Proposed Order which states the "case has settled". Therefore, dispositional documents shall be filed no later than 1/16/2015. Further, Scheduling Conference is CONTINUED to 2/9/2015 at 9:00 AM in Courtroom 10 (GEB) in the event no dispositional document has been submitted. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARSHALL LOSKOT,

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2:14-cv-01764-GEB-CKD

Plaintiff,

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No.

v.
RED ROCK BAR AND GRILL, LLC,
a California Limited
Liability Company, ALAMEDA
DEL CEDRO SHOPPING CENTER, a
California Limited Liability
Company, and DOES ONE through
FIFTY, inclusive,

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ORDER RE: SETTLEMENT AND
DISPOSITION

Defendants.

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The

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parties

filed

a

“Stipulation

and

Request

to

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Continue Pretrial Scheduling Conference” on December 4, 20141, in

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which they state:

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The
parties
hereto,
through
their
respective undersigned attorneys, stipulate
and request that the Pretrial Scheduling
Conference presently scheduled for December
15, 2014 be continued for at least thirty
(30) days. The grounds for the stipulation
and request for continuance are as follows:

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The case has settled and the parties are
in the process of finalizing settlement
documents and the payment of settlement
funds. It is anticipated that the settlement
will be concluded within thirty days at which

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This stipulation was untimely filed. The October 16, 2014 Minute Order
ordered “[a] joint status report [to be] filed fourteen days prior to the
[December 15, 2014 status conference].” (ECF No. 12.)

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time
a
Stipulation
of
Dismissal
With
Prejudice and a proposed Order pursuant to
FRCP 41(a)(1)(A)(ii) will be filed with this
Court.

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(ECF No. 14 (emphasis added).)

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Therefore, a dispositional document shall be filed no

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later than January 16, 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.

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R. 160(b) (“A failure to file dispositional papers on the date

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See E.D. Cal.

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

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Further, the Status Conference scheduled for hearing on

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December 15, 2014, is continued to commence at 9:00 a.m. on

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February

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filed, or if this action is not otherwise dismissed. A joint

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

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status conference.

2015,

in

the

event

IT IS SO ORDERED.

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Dated:

December 5, 2014

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no

dispositional

document

is