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Johnson v. Premier Pools

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 8, 2009

SCOTT N. JOHNSON, PLAINTIFF,
v.
PREMIER POOLS, INCORPORATED, D/B/A PREMIER POOLS & SPAS; P & H PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER RE: SETTLEMENT AND DISPOSITION; and ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

Plaintiff's Status Report filed January 5, 2009, states "Plaintiff and Defendant[s] have settled this action and are in the process of finalizing a settlement agreement." However, Plaintiff fails to indicate when a dispositional document is expected to be filed. Therefore, a dispositional document shall be filed no later than January 26, 2009. See L.R. 16-160(b) (stating a date for filing a document disposing of the action "shall not be more than twenty (20) calendar days from the date of [the settlement] notification . . . "). Failure to file a dispositional document by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed.

The status (pretrial scheduling) conference scheduled for January 20, 2009, is reset to commence at 9:00 a.m. on March 16, 2009, in the event that the above referenced dispositional document is not filed. Further, a joint status report shall be filed fourteen (14) days prior to the status conference.*fn1

IT IS SO ORDERED.


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