California Sportfishing Protection Alliance v. Hanson Pipe and Precast, LLC

Filing 5

ORDER signed by Judge Garland E. Burrell, Jr. on 1/13/2015 ORDERING that dispositional documents re 4 Notice of Settlement be filed by 3/30/2015; WARNING the parties that a failure to respond to this deadline may be construed as consent to dismissa l of this action without prejudice; CONTINUING the Status Conference to 5/4/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; ORDERING the parties to file a joint status report fourteen (14) days prior to the Status Conference. (Michel, G)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7
8

CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a nonprofit corporation,

9
10
11
12
13

Plaintiff,

No.

2:14-cv-02340-GEB-CKD

ORDER RE: SETTLEMENT AND
DISPOSITION

v.
HANSON PIPE & PRECAST LLC, a
Texas Limited Liability
Company,
Defendant.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff filed a “Notice of Settlement” on January 9,
2015, in which it states:
[The parties] have reached settlement of all
claims in the action and have prepared a
Settlement
Agreement,
which
has
been
circulated
for
signatures.
The
Parties
anticipate that the Settlement Agreement will
be fully executed no later than January 30,
2015. The fully executed Settlement Agreement
will be subsequently sent to the United
States Department of Justice and the national
and Region IX offices of the United States
Environmental
Protection
Agency
(collectively, the “Federal Agencies”) for a
forty-five (45) day review period consistent
with 40 C.F.R. §135.5; provided no objection
by the Federal Agencies, the Parties expect
to file a stipulated dismissal of Plaintiff’s
Complaint with prejudice.
PLEASE TAKE FURTHER NOTICE that the Federal
Agencies’ review period is expected to close
on or about March 16, 2015; if any of the
reviewing Federal Agencies object to the
1

1

proposed agreement, the parties would require
additional time to meet and confer and
attempt to resolve the Federal Agencies’
concerns. Consequently, the parties submit
that good cause exists to vacate any and all
existing deadlines and obligations in this
case, and to set March 30, 2015, as the
deadline for the filing of a Stipulation for
Approval
of
Settlement
Agreement
and
Dismissal of Plaintiffs Claims with Prejudice
and [Proposed] Order.

2
3
4
5
6
7

(Notice of Settlement, ECF No. 4.)

8

Therefore, a dispositional document shall be filed no

9

later than March 30, 2015. Failure to respond by this deadline

10

may be construed as consent to dismissal of this action without

11

prejudice, and a dismissal order could be filed.

12

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

13

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

See E.D. Cal.

14

Further, the Status Conference scheduled for hearing on

15

January 26, 2015, is continued to commence at 9:00 a.m. on May 4,

16

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

17

action is not otherwise dismissed.1

18

be filed fourteen (14) days prior to the status conference.
IT IS SO ORDERED.

19
20

A joint status report shall

Dated:

January 13, 2015

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