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Allstate Insurance Company, An v. John Steffes and Douglas C. Duin

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


May 7, 2012

ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION,
PLAINTIFF,
v.
JOHN STEFFES AND DOUGLAS C. DUIN,
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 May 3, 2012, in which it states: "this action has settled. The parties are presently preparing settlement documentation and, upon execution of such documentation, shall file a request for dismissal with prejudice of the action in its entirety. The parties expect that such a request for dismissal shall be filed within 45 days." (ECF No. 52, 1:20-23.) Plaintiff also requests that "the Court vacate all pending court dates." Id. at 2:1-2.

A dispositional document shall be filed no later than June 18, 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.").

Further, in light of the settlement, Plaintiff's Motion for Summary Judgment, scheduled for hearing on June 4, 2012, is vacated. However, the Final Pretrial Conference scheduled for November 26, 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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