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Warn Industries v. Champion Power Equipment

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


April 3, 2009

WARN INDUSTRIES, AN OREGON CORPORATION, PLAINTIFF,
v.
CHAMPION POWER EQUIPMENT, INC., A CALIFORNIA CORPORATION, DEFENDANT.

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

ORDER RE: SETTLEMENT AND DISPOSITION

Plaintiff's Notice of Settlement filed on April 1, 2009, states "the parties in this action have reached a settlement," and that "the settlement will be completed next week so that the parties may file the Stipulation no later than April 10, 2009." Therefore, a dispositional document shall be filed no later than May 1, 2009. 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 L.R. 16-160(b) ("A failure to file dispositional papers on the date prescribed by the Court may be grounds for sanctions.").

The status conference scheduled for April 13, 2009, is reset for hearing on June 1, 2009 at 9:00 a.m., in the event that no dispositional document is filed, or if this action is not otherwise dismissed. Further, a joint status report shall be filed fourteen days prior to the status conference.*fn1

IT IS SO ORDERED.


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