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Michael Mccune v. Apria Healthcare

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


August 24, 2011

MICHAEL MCCUNE,
PLAINTIFF,
v.
APRIA HEALTHCARE, INC., ET AL.,
DEFENDANTS.

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 August 18, 2011, in which he states, "the aforementioned matter . . . has been resolved" and requests "four to six weeks" to file a Stipulation for Dismissal. (ECF No. 8.)

Therefore, a dispositional document shall be filed no later than October 17, 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.").

Further, the status (pretrial scheduling) conference scheduled for hearing on October 17, 2011, is continued to commence at 9:00 a.m. on November 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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