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Scott N. Johnson v. Bre-Fmca

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


February 1, 2011

SCOTT N. JOHNSON,
PLAINTIFF,
v.
BRE-FMCA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DEFENDANT.

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

ORDER RE: SETTLEMENT AND DISPOSITION AND SETTING ASIDE DEFAULT

Plaintiff filed a "Request to Set Aside Default [and] Notice of Settlement" on January 31, 2011, in which he states:

IT IS HEREBY REQUESTED by Plaintiff, Scott N. Johnson, that the Entry of Default against Defendant[], BRE-FMCA, LLC, be hereby set aside. This request is based upon the following facts constituting good cause: Defendant, BRE-FMCA, LLC, has retained Counsel and the Parties are settling this action. Dispositional documents will be filed within twenty (20) days.

(ECF No. 13, 1:22-26.)

Plaintiff's request that the Clerk's Entry of Default as to Defendant BRE-FMCA, LLC (ECF No. 11) be set aside is granted.

Further, a dispositional document shall be filed no later than February 22, 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 Status Conference scheduled for June 27, 2011 shall remain on calendar, in the event no dispositional document is filed, or if this action is not otherwise dismissed.*fn1 Further, a joint status report shall be filed fourteen (14) days prior to the status conference.

IT IS SO ORDERED.


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