Hopson v. Dornoch Inc., et al

Filing 10

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 5/12/2015 ORDERING that a dispositional document re 9 Notice of Settlement be filed by 7/3/2015; CAUTIONING that a failure to respond to this deadline may be con strued as consent to dismissal of this action without prejudice, and a dismissal order could be filed [See E.D. Cal. R. 160(b)]; CONTINUING the Status Conference to 7/20/2015 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. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA HOPSON,

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2:14-cv-02970-GEB-AC

Plaintiff,

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No.

v.
DORNOCH, INC., as itself and
dba Tracy Ford; MARIA
MUELLER, as an individual
and dba Tracy Ford; THOMAS
NOKES; and DOES 1-10,
inclusive,

ORDER RE: SETTLEMENT AND
DISPOSITION

Defendants.

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Plaintiff

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filed

a

“Notice

of

Settlement”

on

May

4,

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2015, in which she states: “the lawsuit has been tentatively

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settled” and “requests sixty (60) days in which to file the

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dismissal in order to ensure that parties are able to perform

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under the terms of the settlement agreement.” (Pl.’s Notice of

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Settlement, ECF No. 9.)

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Therefore, a dispositional document shall be filed no

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later than July 3, 2015. Failure to respond by this deadline may

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be

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

construed

as

consent

to

dismissal

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of

this

action

without

See E.D. Cal.

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Further, the Status Conference scheduled for hearing on

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May 18, 2015, is continued to commence at 9:00 a.m. on July 20,

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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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A joint status report shall

IT IS SO ORDERED.
Dated:

May 12, 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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