United States of America v. Pacific Gas and Electric Company
Filing
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ORDER signed by Judge Garland E. Burrell, Jr. on 11/28/11 ORDERING that, pursuant to 35 Notice of Settlement, a dispositional document shall be filed by 02/21/12. The 05/14/12 pretrial conference shall remain on calendar, in the event no dispositional document is filed, or if this action is not otherwise dismissed. A joint pretrial statement shall be filed 7 days prior to the final pretrial conference. (Benson, A.) Modified on 11/29/2011 (Benson, A.).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Plaintiff,
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v.
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PACIFIC GAS AND ELECTRIC
COMPANY; WESTERN ENVIRONMENTAL
CONSULTANTS, INC.,
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Defendants.
________________________________
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2:09-cv-02877-GEB-EFB
ORDER RE: SETTLEMENT AND
DISPOSITION
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Plaintiff filed a “Notice of Settlement” on November 23, 2011,
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and it “requests 90 days to file final dispositional papers[.]” (ECF No.
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35.)
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Therefore, a dispositional document shall be filed no later
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than February 21, 2012. Failure to respond by this deadline may be
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construed as consent to dismissal of this action without prejudice, and
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a dismissal order could be filed. See E.D. Cal. R. 160(b) (“A failure to
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file dispositional papers on the date prescribed by the Court may be
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grounds for sanctions.”).
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Further, the final pretrial conference scheduled for hearing
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on May 14, 2012, shall remain on calendar, in the event no dispositional
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document is filed, or if this action is not otherwise dismissed.1 A joint
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pretrial statement shall be filed seven (7) days prior to the final
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pretrial conference.
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IT IS SO ORDERED.
Dated:
November 28, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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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).
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