Opinion
2:12-cv-01941-GEB-EFB
10-02-2012
Scott N. Johnson, Plaintiff, v. Joen Hisaw, Individually and d/b/a The Print Shop; Edward Richard Meline, Individually and as Trustee, or their successor(s) in trust, under the Edward Richard Meline and Charlene M. Meline Revocable Living Trust, dated December 30, 1992; Charlene M. Meline, Defendants.
ORDER RE: SETTLEMENT AND DISPOSITION
Plaintiff filed a "Notice of Settlement" on October 1, 2012, in which he states, "the parties have settled this action[, and d]ispositional documents will be filed within (30) calendar days." (ECF No. 11.)
Therefore, a dispositional document shall be filed no later than October 31, 2012. 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 Status Conference scheduled for hearing on October 29, 2012, is continued to November 26, 2012, commencing at 9:00 a.m., in the event no dispositional document is filed, or if this action is not otherwise dismissed. A joint status report shall be filed fourteen (14) days prior to the Status Conference.
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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IT IS SO ORDERED.
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GARLAND E. BURRELL, JR.
Senior United States District Judge