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Bruce Otten v. Cbe Group

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


November 7, 2011

BRUCE OTTEN,
PLAINTIFF,
v.
CBE GROUP, INC.,
DEFENDANT.

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 November 7, 2011, in which he states, "a settlement of the present matter has been reached and is in the process of finalizing settlement, which Plaintiff anticipates will be finalized within the next 40 days." (ECF No. 8.)

Therefore, a dispositional document shall be filed no later than December 19, 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, Plaintiff requests "all dates currently set on calendar for the present matter" be vacated. However, the dates in the October 26, 2011, Status Order will remain on calendar, in the event no dispositional document is filed, or if this action is not otherwise dismissed.*fn1

IT IS SO ORDERED.


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