Johnson
v.
Liang

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIAApr 13, 2012
2:10-cv-01666-GEB-DAD (E.D. Cal. Apr. 13, 2012)

2:10-cv-01666-GEB-DAD

04-13-2012

Scott N. Johnson, Plaintiff, v. Chin Tsai Liang, Individually and d/b/a Tahoe Villa North Motel; Cynthia Wong, Defendants.


ORDER RE: SETTLEMENT AND DISPOSITION

Plaintiff filed a "Notice of Settlement" on April 13, 2012, in which he states, "the parties have settled this action[, and d]ispositional documents will be filed within (30) calendar days." (ECF No. 15.)

Therefore, a dispositional document shall be filed no later than May 14, 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. 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, the final pretrial conference scheduled for hearing on April 23, 2012, is continued to commence at 1:30 p.m. on June 1, 2012, in the event no dispositional document is filed, or if this action is not otherwise dismissed. A joint pretrial statement shall be filed seven (7) days prior to the final pretrial conference.

The final pretrial 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).

IT IS SO ORDERED.

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GARLAND E. BURRELL, JR.


United States District Judge