Filed: Jul. 26, 2017
Latest Update: Jul. 26, 2017
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is defendants' motion for determination of funds to be held. (ECF No. 78). On July 21, 2017, the parties in this case submitted a stipulation continuing the August 7, 2017, trial date because "[t]he parties reached a settlement at the May 4, 2017 settlement conference" and "[t]he parties anticipate they will need an additional ninety (90) days to finalize a written settlement agreement and for the parties to thereafter comp
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is defendants' motion for determination of funds to be held. (ECF No. 78). On July 21, 2017, the parties in this case submitted a stipulation continuing the August 7, 2017, trial date because "[t]he parties reached a settlement at the May 4, 2017 settlement conference" and "[t]he parties anticipate they will need an additional ninety (90) days to finalize a written settlement agreement and for the parties to thereafter compl..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is defendants' motion for determination of funds to be held. (ECF No. 78).
On July 21, 2017, the parties in this case submitted a stipulation continuing the August 7, 2017, trial date because "[t]he parties reached a settlement at the May 4, 2017 settlement conference" and "[t]he parties anticipate they will need an additional ninety (90) days to finalize a written settlement agreement and for the parties to thereafter complete the settlement terms." (ECF No. 114 at 1-2).
In light of that filing, it appears the instant motion is moot, and the court will consequently deny the request. Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986) ("District courts have inherent power to control their dockets.").
Should settlement ultimately prove unsuccessful, defendants may reassert the motion— incorporating updated, contemporary facts—within fourteen (14) days of the date of submission of notice to the court that the case will proceed without settlement.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants' motion (ECF No. 78) be, and the same hereby is, DENIED, in accordance with the foregoing.
