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California Sportfishing v. Bettendorf Trucking Enterprises

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


April 12, 2013

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NONPROFIT CORPORATION, PLAINTIFF,
v.
BETTENDORF TRUCKING ENTERPRISES, A CALIFORNIA CORPORATION; AND RON BORGES, AN INDIVIDUAL,
DEFENDANTS.

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

ORDER RE: SETTLEMENT AND DISPOSITION

Plaintiff filed a "Notice of Settlement" on April 10, 2013, in which it states: "parties in the above-captioned action, have reached settlement and executed a [Proposed] Consent Agreement. The settlement is contingent upon the expiration of the federal agencies' 45-day review period." (ECF No. 9, 2:1-4.) Since the referenced settlement is subject to review by regulatory agencies, the parties "submit that good cause exists to set June 7, 2013, as the deadline for the filing of a Stipulation for Approval of Consent Agreement and Dismissal of Plaintiff's Claims with Prejudice, or a Notice that the settlement is null and void." (Id. at 2:13-16.)

Therefore, a dispositional document shall be filed no later than June 7, 2013. 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, the Status Conference scheduled for hearing on May 10, 2013, is continued to commence at 9:00 a.m. on June 24, 2013, 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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