IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 24, 2011
KAISER PERMANENTE WELFARE BENEFIT PLAN,
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
ORDER RE: SETTLEMENT AND DISPOSITION
Plaintiff filed a "Notice of Settlement" on January 21, 2011, in which he states: Plaintiff, JOSEPH LEE, and Defendant, KAISER PERMANENTE WELFARE BENEFIT PLAN, have settled the above referenced case. This settlement is contingent upon the execution of a written settlement agreement. The case will be dismissed by Plaintiff upon execution of said settlement agreement. Please vacate all currently scheduled dates.
(ECF No. 56.) Therefore, a dispositional document shall be filed no later than February 11, 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.").
The final pretrial conference scheduled for October 24, 2011, will remain on calendar in the event no dispositional document is filed, or if this action is not otherwise dismissed.*fn1 Further, a joint pretrial statement shall be filed seven (7) days prior to the final pretrial conference.
IT IS SO ORDERED.