Opinion

Gaefcke v. Flatiron West, Inc.

Court
District Court, E.D. California
Filed
Dec 19, 2023
Cited by
0 cases
Authority
More cited than 18.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 JAMES GAEFCKE, Case No. 1:23-cv-01470-NODJ-CDB

12 Plaintiff, ORDER ON STIPULATION EXTENDING

TIME FOR PARTIES TO FILE

13 v. DISPOSITIONAL DOCUMENTS AS

MODIFIED

14 FLATIRON WEST, INC., et al.

(Doc. 19)

15 Defendants.

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17 On November 16, 2023, Defendant Flatiron West, Inc. filed a notice of settlement executed

18 by all appearing parties. (Doc. 16). The following day, the Court vacated all case management

19 dates and directed the parties to file dispositional documents by no later than December 18, 2023,

20 or, on or before that date, show cause to extend the time for filing dispositional documents pursuant

21 to Local Rule 160(b). (Doc. 17).

22 Pending before the Court is the parties’ stipulation for order extending their time to file

23 dispositional documents by approximately 45 days. (Doc. 19). The parties represent they have

24 finalized their settlement agreement but due to unidentified and “unforeseen circumstances, the

25 [p]arties took longer than anticipated to finalize the agreement.” Id. at 3. The parties further

26 represent, “[g]ood cause exists for the proposed extension of this deadline because Plaintiff and

27 Defendants both require additional time in order to fulfill their obligations to the settlement

1 The parties’ apparent desire and intention to delay filing dispositional documents until after

2 | they “fulfill their obligations to the settlement agreement” does not constitute good cause for an

3 | extension. That is because, generally, a federal question claim as was presented in this case is

4 | “extinguished by the settlement and converted ... into a claim under a contract,” a breach of which

5 | the parties should pursue in state court. See Kay v. Board of Educ. of City of Chicago, 547 F.3d

6 | 736, 737, 739 (7th Cir. 2008).

7 Since it is clear from the pleadings that the parties have settled their respective claims, the

8 | claims are subject to dismissal under Federal Rule of Civil Procedure 41(a)(2) even though the

9 | parties have not yet entered a stipulated dismissal. This dismissal order could issue since “literal

10 | compliance with the stipulation requirement has not been required where the agreement of all

11 | parties is apparent.” Garber v. Chicago Mercantile Exchange, 570 F.3d 1361, 1366 (Fed. Cir. 2009)

12 | Cnternal citation and quotations omitted). Accord, Eitel vy. McCool, 782 F.2d 1470, 1472-73 (9th

13 | Cir. 1986).

14 The Court declines to recommend dismissal at this juncture as it is apparent the parties have

15 | worked diligently to reach a negotiated resolution. Instead, the Court will grant the parties 21 days

16 | to meet and confer prior to filing an appropriate stipulation for dismissal — no further extensions

17 | will be granted.

18 For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff shall file dispositional

19 | documents no later than January 8, 2024.

20 | □□ □□ SO ORDERED.

Dated: _ December 19, 2023 | Ww VV KD

22 UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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