Opinion
2:09-cv-02319-GEB-CKD
09-12-2011
SCOTT N. JOHNSON, Plaintiff, v. ANNETTE ALEIDA ELLIOT, Individually and d/b/a Therapeutic Knead; ANDREW ANTHONY ALCALA; TERRI LYNN ALCALA, Defendants.
ORDER RE: SETTLEMENT AND DISPOSITION
Plaintiff filed a "Notice of Settlement" on September 8, 2011, in which he states, "the parties have settled this action[, and d]ispositional documents will be filed within (20) calendar days." (ECF No. 21.)
Therefore, a dispositional document shall be filed no later than September 30, 2011. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed. See E.D. Cal. R. 160(b) ("A failure to file dispositional papers on the date prescribed by the Court may be grounds for sanctions.").
Further, the final pretrial conference scheduled for hearing on September 19, 2011, is continued to October 31, 2011, commencing at 2:30 p.m. in the event no dispositional document is filed, or if this action is not otherwise dismissed. A joint pretrial statement shall be filed seven (7) days prior to the final pretrial conference.
The final pretrial 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).
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge