1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 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. 16 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 23 24 25 26 27 28