Johnson v. Brittany Arms, LLC
Filing
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ORDER re SETTLEMENT and DISPOSITION signed by Judge Garland E. Burrell, Jr on 6/17/2011 ORDERING that dispositional document shall be filed no later than July 13, 2011. Further, the Status Conference scheduled for hearing on June 27, 2011, is continued to commence at 9:00 a.m. on August 29, 2011, 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. (Duong, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Scott N. Johnson,
Plaintiff,
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v.
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Brittany Arms, LLC,
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Defendant.
________________________________
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2:11-cv-00628-GEB-DAD
ORDER RE: SETTLEMENT AND
DISPOSITION
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Plaintiff filed a “Notice of Settlement” on June 13, 2011, in
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which
he
states:
“the
parties
have
settled
this
action[,
and
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d]ispositional documents will be filed within (30) calendar days.” (ECF
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No. 8.)
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Therefore, a dispositional document shall be filed no later
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than July 13, 2011. Failure to respond by this deadline may be construed
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as
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dismissal order could be filed.
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file dispositional papers on the date prescribed by the Court may be
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grounds for sanctions.”).
consent
to
dismissal
of
this
action
without
prejudice,
and
a
See E.D. Cal. R. 160(b) (“A failure to
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Further, the Status Conference scheduled for hearing on June
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27, 2011, is continued to commence at 9:00 a.m. on August 29, 2011, in
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the event no dispositional document is filed, or if this action is not
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otherwise dismissed.1 A joint status report shall be filed fourteen (14)
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days prior to the status conference.
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IT IS SO ORDERED.
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Dated:
June 17, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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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).
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