Opinion
2:11-cv-03036-GEB-CMK
01-03-2012
SANDRA NORWOOD and DON NORWOOD, Plaintiffs, v. GC SERVICES, LP, Defendant.
ORDER RE: SETTLEMENT AND DISPOSITION
Plaintiffs filed a "Notice of Settlement" on December 28, 2011, in which they state, "a settlement of the present matter has been reached . . . which Plaintiff[s] anticipate[] will be finalized within the next 40 days." (ECF No. 7.) Plaintiffs also request all dates currently scheduled be vacated. Id.
Therefore, a dispositional document shall be filed no later than February 6, 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.").
However, the Status Conference scheduled for hearing on March 12, 2012 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.
United States District Judge