Corbins v. United Airlines, Inc.

Filing 40

ORDER re 39 Letter filed by Bernard P. Corbins. Signed by Judge ARMSTRONG on 7/21/11. (lrc, COURT STAFF) (Filed on 7/21/2011)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 MR. BERNARD P. CORBINS, Case No: C 10-2312 SBA 6 Plaintiff, ORDER 7 vs. 8 UNITED AIRLINES, INC., 9 Defendant. 10 11 12 On July 19, 2011, the Court entered a 30-day conditional dismissal of the action based 13 on the Certification of ADR Session which indicated that the mediator had “fully” settled the 14 action. Dkt. 37. On the same date, Plaintiff, who is acting pro se, filed a letter requesting the 15 Court to reopen the action because the settlement documentation has not been finalized or 16 executed. 17 Plaintiff’s request is premature. Under the terms of the Court’s conditional dismissal 18 order, if the parties are unable to finalize and execute their settlement agreement within 30 19 days, either party has the option of requesting that the Court extend the time-period during 20 which they can seek to reopen the action, or alternatively, to vacate the dismissal and reinstate 21 the action to the Court’s active civil calendar. Thus, Plaintiff has until August 18, 2011, to 22 seek to reopen the action in the event that the parties are unable to finalize and execute their 23 settlement agreement within that time-frame. Accordingly, 24 25 26 27 28 IT IS HEREBY ORDERED THAT Plaintiff’s request to reopen the action is DENIED without prejudice. IT IS SO ORDERED. Dated: July 21, 2011 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 CORBINS et al, 4 Plaintiff, 5 v. 6 UNITED AIRLINES - MOC et al, 7 Defendant. / 8 9 Case Number: CV10-02312 SBA 10 CERTIFICATE OF SERVICE 11 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 13 14 15 That on July 21, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 19 Bernard P. Corbins 30074 Woodthrush Pl Hayward, CA 94544 20 Dated: July 21, 2011 21 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 22 23 24 25 26 27 28 -2-

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