IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 2, 2011
NATIONAL CREDIT WORKS, INC., A CORPORATION; AND GREGORY C. EMMINGER, AN INDIVIDUAL,
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 July 25, 2011, in which she states, "this case has settled[,]" and requests "sixty (60) days . . . to file dispositive documentation." (ECF No. 8, 1:19-20.)
Therefore, a dispositional document shall be filed no later than September 23, 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 E.D. Cal. R. 160(b) ("A failure to file dispositional papers on the date prescribed by the Court may be grounds for sanctions.").
Plaintiff also states in her "Notice of Settlement": "This Court shall retain jurisdiction over this matter until fully resolved." (ECF No. 8, 1:22-23.) However, "the mere fact that the parties agree that the court should exercise continuing jurisdiction is not binding on the court." Arata v. Nu Skin Intern., Inc., 96 F.3d 1265, 1269 (9th Cir. 1996). "A federal court may refuse to exercise continuing jurisdiction even though the parties have agreed to it. Parties cannot confer jurisdiction by stipulation or consent." Collins v. Thompson, 8 F.3d 657, 859 (9th Cir. 1993).
Further, the Status Conference scheduled for hearing on August 15, 2011, is continued to commence at 9:00 a.m. on October 31, 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.