Bowcock v. Pentagroup Financial, LLC
Filing
12
ORDER RE SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr on 3/30/10, ORDERING the status conference scheduled for 4/12/10, is continued to commence at 9:00 a.m. on 6/14/10, in the event no dispositional document is filed, or this action is not otherwise dismissed. Further, a joint status report shall be filed 14 days prior to the status conference. (Becknal, R)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 29, 2010, Plaintiff filed a Notice of Settlement in which Plaintiff states "the parties in the above-captioned matter reached a settlement" and he "anticipates filing a Notice of v. PENTAGROUP FINANCIAL, LLC, Defendant. SCOTT BOWCOCK, Plaintiff, ) ) ) ) ) ) ) ) ) ) 2:09-cv-03507-GEB-GGH ORDER RE: SETTLEMENT AND DISPOSITION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Dismissal with Prejudice in 20 days."
Therefore, a dispositional Failure to
document shall be filed no later than April 19, 2010.
respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed. See L.R. 160(b) ("A failure to file dispositional papers on the date prescribed by the Court may be grounds for sanctions."). The status conference scheduled for April 12, 2010, is continued to commence at 9:00 a.m. on June 14, 2010, in the event no dispositional document is filed, or this action is not otherwise 1
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dismissed.
Further, a joint status report shall be filed fourteen
days prior to the status conference.1 IT IS SO ORDERED. Dated: March 30, 2010
GARLAND E. BURRELL, JR. United States District Judge
The status conference will remain on calendar, because the mere representation that a case has been settled does not justify discontinuance of calendering 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). 2
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