Otten v. CBE Group, Inc.
Filing
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ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr on 11/7/11; Plaintiff filed a Notice of Settlement on November 7, 2011, in which he states, a settlement of the present matter has been reached and is in the process of final izing settlement, which Plaintiff anticipates will be finalized within the next 40 days. (ECF No. 8.) Therefore, a dispositional document shall be filed no later than December 19, 2011. 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. See E.D. Cal. R. 160(b) (A failure to file dispositional papers on the date prescribed by the Court may be grounds for sanctions.). Further, Plaintiff requests all d ates currently set on calendar for the present matter be vacated. However, the dates in the October 26, 2011, Status Order will remain on calendar, in the event no dispositional document is filed, or if this action is not otherwise dismissed. IT IS SO ORDERED.(Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRUCE OTTEN,
Plaintiff,
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v.
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CBE GROUP, INC.,
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Defendant.
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2:11-cv-02210-GEB-KJN
ORDER RE: SETTLEMENT AND
DISPOSITION
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Plaintiff filed a “Notice of Settlement” on November 7, 2011,
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in which he states, “a settlement of the present matter has been reached
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and
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anticipates will be finalized within the next 40 days.” (ECF No. 8.)
is
in
the
process
of
finalizing
settlement,
which
Plaintiff
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Therefore, a dispositional document shall be filed no later
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than December 19, 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,
Plaintiff
requests
“all
dates
currently
set
on
calendar for the present matter” be vacated. However, the dates in the
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October 26, 2011, Status Order will remain on calendar, in the event no
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dispositional document is filed, or if this action is not otherwise
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dismissed.1
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IT IS SO ORDERED.
Dated:
November 7, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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The dates in the October 26 Status Order will remain on
calendar because the mere representation that a case has been settled
does not justify vacating the dates in the Status Order. 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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