Johnson v. Redwood Barn Nursery, Inc.

Filing 21

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 3/24/2015 ORDERING that a dispositional document re 20 Notice of Settlement be filed by 4/13/2015; CAUTIONING the parties that a failure to respond to this deadline may be construed as consent to dismissal of this action without prejudice, and that a dismissal order could be filed; CONTINUING the Status Conference to 5/4/2015 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report be filed fourteen (14) days prior to the Status Conference; DEEMING the 18 Motion for Judgment on the Pleadings withdrawn; VACATING the Motion Hearing on 18 Motion for Judgment on the pleadings set for 3/30/2015. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Scott Johnson,

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2:14-cv-02467-GEB-CKD

Plaintiff,

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No.

v.
Redwood Barn Nursery, Inc., a
California Corporation; and
Does 1-10,

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ORDER RE: SETTLEMENT AND
DISPOSITION

Defendants.

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Plaintiff filed a “Notice of Settlement” on March 23,

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2015,

in

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settlement in principle.” (Notice of Settlement, ECF No. 20.)

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Therefore, a dispositional document shall be filed no later than

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April

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documents disposing of an action shall be filed “not . . . more

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than

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settlement],

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deadline may be construed as consent to dismissal of this action

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without prejudice, and a dismissal order could be filed.

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(“A failure to file dispositional papers on the date prescribed

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

13,

which

2015.

twenty-one

he

states,

See

(21)

absent

E.D.

days

good

“[t]he

Cal.

from

cause”).

R.

parties

160(b)

the

date

Failure

to

have

reached

(prescribing

of

[notice

respond

by

a

that

of
this

See id.

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Further, the Status Conference scheduled for hearing on

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April 20, 2015, is continued to commence at 9:00 a.m. on May 4,

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2015, in the event no dispositional document is filed, or if this
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action is not otherwise dismissed.1

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

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Also,

in

light

of

the

A joint status report shall

referenced

settlement,

the

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pending motion for judgment on the pleadings (ECF No. 18) is

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deemed withdrawn, and the hearing on said motion scheduled for

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March 30, 2015, is vacated.

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IT IS SO ORDERED.

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Dated:

March 24, 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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