Bell v. Maury Cobb, Attorney at Law, LLC

Filing 7

ORDER signed by Judge Garland E. Burrell, Jr. on 3/24/2015 ORDERING 6 Dispositional documents shall be filed by 5/18/2015; the Status Conference scheduled for hearing on 4/20/2015 is CONTINUED to 6/8/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr., in the event no dispositional document is filed, or if this action is not otherwise dismissed; a joint status report shall be filed 14 days prior to the status conference. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Terra and Jerry Bell,

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2:15-cv-00004-GEB-DAD

Plaintiffs,

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No.

v.
Maury Cobb, Attorney at Law,
LLC; and DOES 1-10,
inclusive,

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ORDER RE: SETTLEMENT AND
DISPOSITION

Defendants.

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Plaintiffs filed a “Notice of Settlement” on March 18,

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2015, in which they state:

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the parties in the above-captioned case have
reached
a
settlement.
The
Plaintiffs
anticipate filing a notice of withdrawal of
Complaint and voluntary dismissal of this
action with prejudice pursuant to Fed. R.
Civ. P. 41(a) within 30 days.

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The parties hereby further request that
this honorable Court provide a period of 60
days within which to complete the settlement
and file a dismissal of the action.

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(Notice of Settlement, ECF No. 6.)

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Therefore, a dispositional document shall be filed no

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later than May 18, 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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April 20, 2015, is continued to commence at 9:00 a.m. on June 8,

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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:

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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