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Antonio Rodriguez and Lorraine Rodriguez, Individually, and As Partners In v. Citibank

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


December 6, 2010

ANTONIO RODRIGUEZ AND LORRAINE RODRIGUEZ, INDIVIDUALLY, AND AS PARTNERS IN SHASTA ENTERPRISES, A CALIFORNIA GENERAL PARTNERSHIP,
PLAINTIFFS,
v.
CITIBANK, N.A., CITICORP USA, INC. AND DOES 1 THROUGH 50, DEFENDANTS.

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

ORDER RE: SETTLEMENT AND DISPOSITION

The parties filed a Joint Status Report on November 29, 2010, in which they state:

[T]he Parties entered into a settlement in principal that will fully and finally resolve this action. The Parties have exchanged drafts of the settlement documents and are working to finalize the terms of the settlement in principal and to document the final settlement agreement.

In the interests of judicial economy, and so that the Parties can finalize the documentation of their agreement without the need for Court involvement, the Parties respectfully request that the Court continue the Status Conference set for December 13, 2010, to a date not earlier than February 14, 2011, subject to the Court's calendar and availability.

(ECF No. 16, 2:13-21.)

Therefore, a dispositional document shall be filed no later than February 14, 2011. 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.").

Further, the Status Conference scheduled for December 13, 2010, is continued to commence at 9:00 a.m. on February 28, 2011, in the event no dispositional document is filed, or if this action is not otherwise dismissed.*fn1 A joint status report shall be filed fourteen (14) days prior to the status conference.

IT IS SO ORDERED.


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