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Gilliam v. Flores

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


February 18, 2010

DAVID GILLIAM, PLAINTIFF,
v.
LT. SUSAN FLORES AND WARDEN KATHY MENDOZA POWERS, DEFENDANTS.

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

ORDER RE: SETTLEMENT AND DISPOSITION

On February 17, 2010, Defendant Kathy Mendoza-Powers filed a Notice of Settlement in which she states "the parties to the above entitled action have reached a monetary settlement." Further, Defendant Kathy Mendoza-Powers states that the parties expect to finalize the settlement within the next forty-five days and request "a deadline of April 9, 2010[] to file a dismissal of the action." Therefore, a dispositional document shall be filed no later than April 9, 2010. 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. 160(b) ("A failure to file dispositional papers on the date prescribed by the Court may be grounds for sanctions.").

The trial scheduled for February 23, 2010 is vacated.

IT IS SO ORDERED.

20100218

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