Hensley v. Grupe Commercial Company et al

Filing 8

ORDER re 7 SETTLEMENT and DISPOSITION signed by Judge Garland E. Burrell, Jr. on 3/4/2015. Plaintiff filed a "Notice of Settlement" on 3/3/2015. Therefore, a dispositional document shall be filed no later than 4/2/2015. Scheduling Conference is CONTINUED to commence 4/20/2015 at 9:00 AM in Courtroom 10 (GEB) in the event no dispositional document or if action is not otherwise dismissed. (Marciel, M)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ROSELYN HENSLEY, 8 11 12 2:14-cv-02273-GEB-AC Plaintiff, 9 10 No. v. GRUPE COMMERCIAL COMPANY, OAKRIDGE CENTER, TICH LUU NGUYEN dba TOMMY’S CAFÉ, and DOES 1-10, inclusive, ORDER RE: SETTLEMENT AND DISPOSITION Defendant. 13 14 Plaintiff filed a “Notice of Settlement” on March 3, 15 16 2015, in which 17 settled” and “requests thirty (30) days in which to file the 18 dismissal in order to ensure that parties are able to perform 19 under 20 Settlement, ECF No. 7.) the he terms states, of the “the lawsuit settlement has been agreement.” tentatively (Notice of 21 Therefore, a dispositional document shall be filed no 22 later than April 2, 2015. Failure to respond by this deadline may 23 be 24 prejudice, and a dismissal order could be filed. 25 R. 160(b) (“A failure to file dispositional papers on the date 26 prescribed by the Court may be grounds for sanctions.”). construed as consent to dismissal of this action without See E.D. Cal. 27 Further, the Status Conference scheduled for hearing on 28 March 9, 2015, is continued to commence at 9:00 a.m. on April 20, 1 1 2015, in the event no dispositional document is filed, or if this 2 action is not otherwise dismissed.1 3 be filed fourteen (14) days prior to the status conference. 4 5 A joint status report shall IT IS SO ORDERED. Dated: March 4, 2015 6 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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