Opinion
02:04-cv-0397-GEB-KJM.
September 1, 2006
ORDER
On August 31, 2006, Plaintiff's counsel's office left a message on my Courtroom Deputy's voice mail that this action has settled and a dismissal document will be filed on Tuesday, September 5, 2006. Since I will not be certain that this action has settled until a dismissal document is filed, the trial commencement date will not yet be vacated. See Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987) (before a settlement agreement is enforceable the parties must have agreed to all material terms of the settlement in an enforceable form).
IT IS SO ORDERED.