Opinion
2:11-cv-00202-GEB-EFB
10-06-2011
Scott N. Johnson, Plaintiff, v. Kuldeep Singh, Individually and d/b/a Rodeway Inn; Kuldeep Singh Mand; Deepak Mand, Defendants.
ORDER RE: SETTLEMENT AND DISPOSITION
Plaintiff filed a "Request for Additional Time to File Dispositional Documents" on October 4, 2011, in which he requests an extension until October 24, 2011 to file a dispositional document in this case. (ECF No. 19.)
Therefore, a dispositional document shall be filed no later than October 24, 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 Status Conference scheduled for hearing on October 17, 2011, is continued to November 14, 2011, 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).
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge