Johnson v. Farhan, Inc. et al
Filing
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ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 11/14/2011 ORDERING that a dispositional document shall be filed no later than 1/9/2012. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed. Further, the Status Conference scheduled for hearing on 12/12/2012, is CONTINUED to 2/13/2012, commencing at 9:00 a.m., 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. (Zignago, K.)
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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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FARHAN, INC., Individually and
d/b/a California Tires &
Wheels; NAZIR AHMAD,
Individually and as Trustee of
The Nazir Family Living Trust,
UTD May 17, 2005; MEHMOODA
AHMAD, Individually and as
Trustee of The Nazir Family
Living Trust, UTD May 17, 2005,
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Defendants.
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2:11-cv-01871-GEB-JFM
ORDER RE: SETTLEMENT AND
DISPOSITION
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Plaintiff filed a “Joint Notice of Settlement” on November 10,
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2011, in which he states, “the parties have settled this action[, and
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d]ispositional documents will be filed within (60) calendar days.” (ECF
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No. 10.)
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Therefore, a dispositional document shall be filed no later
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than January 9, 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
Status
Conference
scheduled
for
hearing
on
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December 12, 2012, is continued to February 13, 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 14, 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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