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Susan Kirkpatrick v. Gerber Life Insurance Company

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


November 5, 2012

SUSAN KIRKPATRICK,
PLAINTIFF,
v.
GERBER LIFE INSURANCE COMPANY,
DEFENDANT.

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 November 5, 2012, in which it states, "the parties have reached a settlement and respectfully requests that the Court not issue a decision on its motion to dismiss while the parties are finalizing the settlement." (ECF No. 30.)

Therefore, a dispositional document shall be filed no later than November 26, 2012. See L.R. 160(b). 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. Id. ("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Further, in light of the referenced settlement, Defendant's pending motion to dismiss (ECF No. 13) is deemed withdrawn.

Lastly, the Status Conference scheduled for hearing on December 10, 2012, shall remain on calendar 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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