IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 20, 2012
LIFE INSURANCE COMPANY OF NORTH AMERICA,
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
ORDER RE: SETTLEMENT AND DISPOSITION
Defendant filed a "Notice of Settlement" on September 20, 2012, in which it states: "the parties hereto have reached an agreement to resolve this action in its entirety." (ECF No. 38.) Defendant further states that it anticipates a dispositional document will be filed "within 30 days." Id.
Therefore, a dispositional document shall be filed no later than October 22, 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 referenced settlement, the parties' pending cross-motions for judgment under Federal Rule of Civil Procedure 52 (ECF Nos. 28, 31) are deemed withdrawn.
IT IS SO ORDERED.
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