Johnson v. Patel et al
Filing
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ORDER signed by Judge Garland E. Burrell, Jr. on 11/8/2011 ORDERING dispositional documents to be filed by 12/8/2011; CONTINUING Status Conference until 2/13/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A Joint Status Report is due 14 days prior to the 2/13/2012 hearing. (Michel, G)
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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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CHUNDUSHAI PATEL, Individually
and d/b/a Stockton Travelers
Motel; KIM LE, Individually and
d/b/a Le Kim’s Restaurant;
SAMIRKUMAR R. PATEL,
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Defendants.
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2:11-cv-02471-GEB-JFM
ORDER RE: SETTLEMENT AND
DISPOSITION
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Plaintiff filed a “Notice of Settlement” on November 8, 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. 8.)
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Therefore, a dispositional document shall be filed no later
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than December 8, 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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December 12, 2011, 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 8, 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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