Sorensen v. Free Agents Entertainment, LLC et al

Filing 12

ORDER signed by Judge Garland E. Burrell, Jr on 6/8/11 ORDERING dispositional documents to be filed no later then 7/11/11; and the status conference set for 6/13/11 is CONTINUED to 8/1/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. in the event no dispositional document is filed. (Carlos, K)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 NICHOLAS SORENSEN, Plaintiff, 9 v. 10 12 FREE AGENTS ENTERTAINMENT, LLC, HOOKS AND TAYLOR ENTERTAINMENT, LLC, and DEON TAYLOR, 13 Defendants. ________________________________ 11 ) ) ) ) ) ) ) ) ) ) ) ) 2:11-cv-00466-GEB-DAD ORDER RE: SETTLEMENT AND DISPOSITION 14 15 Plaintiff and Defendants Free Agents Entertainment, LLC and 16 Deon Taylor filed a Joint Status Report (“JSR”) on May 27, 2011, in 17 which they state: The parties have reached an agreement in principle to settle this matter in its entirety. The parties expect to execute a written settlement agreement and then request the dismissal of the entire action, with prejudice, by no later than July 11, 2011. Accordingly, the parties respectfully request that the pretrial scheduling conference currently set for June 13, 2011, be continued until a date after July 11, 2011. 18 19 20 21 22 23 (JSR, 2:13-17, ECF No. 11.) 24 Therefore, a dispositional document shall be filed no later 25 than July 11, 2011. Failure to respond by this deadline may be construed 26 as 27 dismissal order could be filed. consent to dismissal of this action without prejudice, and a See E.D. Cal. R. 160(b) (“A failure to 28 1 1 file dispositional papers on the date prescribed by the Court may be 2 grounds for sanctions.”). 3 Further, the Status Conference scheduled for June 13, 2011, is 4 continued to commence at 9:00 a.m. on August 1, 2011, in the event no 5 dispositional document is filed, or if this action is not otherwise 6 dismissed.1 7 prior to the status conference, in which Plaintiff is required to 8 include an explanation concerning how he is prosecuting this action 9 against Defendant Hooks and Taylor Entertainment, LLC, and why this 10 action should not be dismissed against this named defendant because of 11 failure of prosecution. 12 13 A joint status report shall be filed fourteen (14) days IT IS SO ORDERED. Dated: June 8, 2011 14 15 GARLAND E. BURRELL, JR. United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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). 2

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