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James P. Abara v. Altec Industries

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


April 5, 2012

JAMES P. ABARA,
PLAINTIFF,
v.
ALTEC INDUSTRIES, INC.,
DEFENDANT.

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

ORDER RE: SETTLEMENT AND DISPOSITION

The parties filed a "Notice of Settlement" on April 5, 2012, in which they state:

Pursuant to Local Rule 160 of the Eastern District of California, the parties hereby submit this Notice of Settlement. As such, the parties request that the court vacate all pretrial dates, and fix a date upon which the documents disposing of the action must be filed.

(ECF No. 45, 2:1-4).

Therefore, a dispositional document shall be filed no later than April 26, 2012. 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.").

However, the trial scheduled to commence at 9:00 a.m. on May 15, 2012, shall 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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