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Robert Birnbaum v. the Valspar Corporation

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


April 24, 2013

ROBERT BIRNBAUM,
PLAINTIFF,
v.
THE VALSPAR CORPORATION, AND DOES 1 THROUGH 5, INCLUSIVE
DEFENDANTS.

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

ORDER RE: SETTLEMENT AND DISPOSITION

The parties filed a "Notice of Settlement" on April 24, 2013, in which they state: "[the parties] have agreed on a settlement of this matter[,]" and "expect that a stipulated request for dismissal with prejudice will be filed with this Court on or before May 31, 2013." (ECF No. 12, 2:1-5.)

Therefore, a dispositional document shall be filed no later than May 31, 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 June 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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