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Coughlin v. California Dep't of Corrections and Rehabilitation

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


July 14, 2010

BOBBI COUGHLIN, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION AND TOM MAUGERI, DEFENDANTS.

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

ORDER RE: SETTLEMENT AND DISPOSITION

Defendant California Department of Corrections and Rehabilitation filed a Notice of Settlement on July 13, 2010, in which Defendant states, "the parties to this action have agreed to settlement in principle." (Docket No. 68, 1:25-26.) Defendant further states

[G]ood cause exists for the extension of time to file final disposition documents. Due to the lack of a California State Budget, the payment of Settlement Amount and the final dismissal of the action will not occur until after the adoption of a California State Budget. The parties are unaware of and cannot predict when California will adopt a state budget.

(Id., 27-2.) Therefore, Defendant requests "the Court fix a date upon which the documents disposing of this action must be filed at least 60 days after the adoption of a State budget." (Id., 2:3-5.)

Pursuant to Defendant's request, a dispositional document shall be filed no later than sixty (60) days after the State of California adopts a state budget. 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 to commence at 9:00 a.m. on August 31, 2010 is vacated. A status conference is scheduled for October 18, 2010 at 9:00 a.m., in the event that no dispositional document is filed, or if this action is not otherwise dismissed. A joint status report addressing only the status of filing a dispositional document shall be filed fourteen days prior to the status conference.

IT IS SO ORDERED.

20100714

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