Opinion
2:12-cv-00799-GEB-CKD
09-07-2012
First State Bank of Northwest Arkansas, Plaintiff, v. RBC REAL ESTATE FINANCE, INC., a Delaware corporation, and all persons unknown claiming any interest in the property as DOES 1 through 50, Defendants.
ORDER RE: SETTLEMENT AND DISPOSITION
Plaintiff filed a "Notice of Conditional Settlement" on September 5, 2012, in which it states, "the parties have entered into a conditional settlement in this matter[, which] is conditioned upon the closing of a pending sale of the real property which is the subject of this action . . . ." (ECF No. 18.) Plaintiff requests "that the date for filing dispositional documents . . . be extended until October 31, 2012." Id.
Therefore, a dispositional document shall be filed no later than October 31, 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light of the referenced settlement, Defendant's pending dismissal motion filed on April 5, 2012 (ECF No. 5) is deemed withdrawn.
IT IS SO ORDERED.
_________________
GARLAND E. BURRELL, JR.
Senior United States District Judge