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J & J Sports Productions, Inc. v. Javier Davila and Jose Manuel

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


April 18, 2013

J & J SPORTS PRODUCTIONS, INC.
PLAINTIFF,
v.
JAVIER DAVILA AND JOSE MANUEL DAVILA, INDIVIDUALLY AND D/B/A EL FORASTERO MEXICAN FOOD,
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 "Request for Judicial Notice of Settlement" on April 18, 2013, in which it states: the Parties . . . have settled all claims relative to the above-entitled action in their entirety, and Plaintiff respectfully requests this Court take judicial notice of same.

Settlement documents, including a Stipulation of Dismissal, are being prepared and will be forwarded to Defendants['] counsel by Plaintiff's counsel, and Plaintiff's counsel anticipates the Stipulation of Dismissal will be filed with the Court, promptly.

(ECF No. 17, 1:19-24.)

Therefore, a dispositional document shall be filed no later than May 9, 2013. See E.D. Cal. R. 160(b) ("Upon [notice of settlement], the Court shall fix a date upon which the documents disposing of the action or motion must be filed, which date shall not be more than twenty-one (21) days from the date of said notification, absent good cause."). 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 id.

Further, the Status Conference scheduled for hearing on May 13, 2013, is continued to commence at 9:00 a.m. on June 10, 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.

Also, in light of the referenced settlement, Plaintiff's pending motion to strike affirmative defenses (ECF No. 11) is deemed withdrawn.

IT IS SO ORDERED.


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