Pickern v. Shari's Management Corporation et al

Filing 22

ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr on 6/30/15: Dispositional document shall be filed no later than 8/21/15. Status Conference scheduled for hearing on 7/20/15, is continued to 10/19/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRENDA PICKERN,

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No.

2:15-cv-00661-GEB-CMK

Plaintiff,
v.
SHARI’S MANAGEMENT
CORPORATION dba SHARI’S
CAFE & PIES #141; MARSHALL
BELLE MILL, LLC; MJP BELLE
MILL, LLC; 803 CAMBRIA WAY,
LLC; MURRELL BELLE MILL,
LLC; WILSON BELLE MILL, LLC;
and IWF BELLE MILL, LP,

ORDER RE: SETTLEMENT AND
DISPOSITION

Defendants.

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Plaintiff filed a “Notice of Settlement” on June 25,

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2015, in which she states, “the aforementioned matter . . . has

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been resolved[, and t]he parties anticipate filing a Stipulation

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for Dismissal within eight weeks.” (Pl.’s Notice of Settlement,

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ECF No. 21.)

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Therefore, a dispositional document shall be filed no

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later than August 21, 2015. Failure to respond by this deadline

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may be construed as consent to dismissal of this action without

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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.”).
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See E.D. Cal.

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Further, the Status Conference scheduled for hearing on

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

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19, 2015, in the event no dispositional document is filed, or if

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this action is not otherwise dismissed.1

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

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A joint status report

IT IS SO ORDERED.

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Dated:

June 30, 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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