Opinion
2:12-cv-01166-GEB-GGH
11-14-2012
GEORGE S. LOUIE, Plaintiff, v. AIAD & HODA SAMUEL; KETAN INC. dba LOW COST LIQUORS; RATILAL PATEL; VASANTI PATEL; ALKA JAIN dba MAX PLUS; ANA & JOSE MARTINEZ dba TAQUERIA AY JALISCO; SUSAN T. LEE, DDS, INC. dba FAMILY AND LOGMETIC DENTISTRY, Defendants.
ORDER RE: SETTLEMENT AND
DISPOSITION
Plaintiff filed a "Notice of Settlement" on November 13, 2012, in which he states: "the parties have reached a settlement in the above-referenced matter . . . [and] . . . respectfully request the Court grant them thirty (30) days with which to complete and file all respective dismissals and necessary dispositive documentation." (ECF No. 19.)
Therefore, a dispositional document shall be filed no later than December 13, 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 January 14, 2013, will remain on calendar 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.
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GARLAND E. BURRELL, JR.
Senior United States District Judge