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Clum v. Yellow Book USA

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


July 16, 2009

ROCK CLUM, PLAINTIFF,
v.
YELLOW BOOK USA, INC., A DELAWARE CORPORATION; TRANSWESTERN PUBLISHING COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DEFENDANTS.

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

ORDER RE: SETTLEMENT AND DISPOSITION

On July 15, 2009, the parties filed a letter in which they state they settled this case and "all currently noticed hearing dates, including the Final Pretrial Conference set for Monday, July 20, 2009, be taken off calendar to give the parties sufficient time for the settlement;" and, they "anticipate filing a request for dismissal within the next 10 court days." Therefore, dispositional documents shall be filed no later than July 29, 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.").

Further, the final pretrial conference scheduled for July 20, 2009, is rescheduled to commence at 2:30 p.m. on August 31, 2009, in the event that the above referenced dispositional document is not filed, or this action is not otherwise dismissed. Further, a joint pretrial statement shall be filed seven days prior to the final pretrial conference.*fn1

IT IS SO ORDERED.


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