Johnson v. The Hertz Corporation et al
Filing
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ORDER re SETTLEMENT and DISPOSITION signed by Judge Garland E. Burrell, Jr. on 11/3/2011. Plaintiff has filed a 23 Notice of Settlement. Therefore, a dispositional document shall be filed no later than 12/2/2011. The Status Conference is CONTINUED to 1/30/2012 at 9:00 AM in Courtroom 10 (GEB) in the event no dispositional document is submitted. (Marciel, M)
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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,
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Plaintiff,
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v.
The Hertz Corporation,
Individually and d/b/a Hertz
Local Edition; Ralph M. Wilson;
Christina Wilson; Qui Vinh Luu,
Individually and d/b/a Twin
Dragon Restaurant; Carrie
Margherita, Individually and
d/b/a Hair Productions; Richard
J. Tibbs, Individually and as
Trustee of the Richard J. Tibbs
and Jennifer Flowers Tibbs,
Defendants.
________________________________
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2:11-cv-01249-GEB-CKD
ORDER RE: SETTLEMENT AND
DISPOSITION
Plaintiff filed a “Notice of Settlement” on November 2, 2011,
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in
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. 23.)
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Therefore, a dispositional document shall be filed no later
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than December 2, 2011. 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
Status
Conference
scheduled
for
hearing
on
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November 28, 2011, is continued to January 30, 2012, commencing at 9:00
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a.m., in the event no dispositional document is filed, or if this action
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is not otherwise dismissed.1 A joint status report shall be filed
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fourteen (14) days prior to the Status Conference.
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IT IS SO ORDERED.
Dated:
November 3, 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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