French v. Atlantic Credit & Finance, Inc.

Filing 10

ORDER re 9 SETTLEMENT signed by Judge Garland E. Burrell, Jr. on 4/14/2015. Since parties have filed a Notice of Settlement, a dispositional document shall be filed no later than 5/21/2015. Further, the Status Conference set for 4/20/2015 is CONTINUED to 6/22/2015 at 9:00 AM in Courtroom 10 (GEB). (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLA FRENCH,

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2:15-cv-00042-GEB-AC

Plaintiff,

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No.

v.

ORDER RE: SETTLEMENT AND
DISPOSITION

ATLANTIC CREDIT & FINANCE,
INC.,
Defendant.

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The parties filed a “Notice of Settlement” on April 6,

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2015, in which they state: “this entire action has been settled[,

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and

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settlement, and file a stipulation of dismissal with prejudice,

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within

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Settlement 1:24-26, ECF No. 9.)

t]he

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parties

days

anticipate

from

the

that

date

of

they

this

will

complete

notice.”

(Notice

the

of

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Therefore, a dispositional document shall be filed no

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later than May 21, 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

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 22,

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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:

April 14, 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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