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Immediately upon reaching substantial agreement about the terms and conditions of a settlement, plaintiff's counsel must notify the courtroom deputy clerk for the assigned judge of the impending settlement.
If the Court finds that the parties failed to notify the trial judge's courtroom deputy clerk and the trial judge of the settlement not later than 3:00 p.m. of the business day preceding the day the trial is to commence and that the parties had the opportunity to do so, the Court may assess the costs of summoning and paying prospective jurors on one or more of the parties.
Upon notice of settlement pursuant to LR 41-1(a), the Court may direct the clerk to dismiss the case with prejudice (unless otherwise specified) and without costs, and with rights to any party to reopen the case in the event of a failure to consummate the final settlement agreement within 60 days.
The Court may notice for hearing any action or proceeding which does not appear to be diligently prosecuted.
Not later than seven days prior to the hearing date, each party will file and serve a statement describing:
Nothing in this rule will preclude any party from filing a motion to dismiss an action or proceeding for failure to prosecute under Fed. R. Civ. P. 41.
| Amendment History to LR 41 | |
|---|---|
| December 1, 2009 | |
| LR 41-1(a) | The word "telephone" changed to "notify." The phrase "to notify the Court" deleted. |
| LR 41-2(b) | Period of five (5) days changed to seven (7) days. |
| LR 41-1(b) | Former LR 47.1(b). |
| March 1, 2012 | |
| LR 41-1(b) | The word "judges" changed to "judge's" and the comma omitted after the word "commence." |
| March 1, 2013 | |
| LR 41-1(c) | Amended to state that the Court "may" (rather than "will") direct dismissal with prejudice upon notice of settlement "unless otherwise specified." |
| March 1, 2014 | |
| LR 41-1(c) | Changed "sixty (60)" to "60." |
| LR 41-2(b) | Changed "seven (7)" to "seven," and "pm" to "p.m." |
LR 5 - Service and Filing of Pleadings and Papers
LR 6 - Computing Time After Service
LR 10 - Form of Pleadings and Other Documents
LR 11 - Signature Requirements
LR 15 - Amended and Supplemental Pleadings
LR 16 - Pretrial Conferences, Scheduling, and Case Management
LR 27 - Depositions: Before Action or Pending Appeal
LR 28 - Depositions in a Foreign Country
LR 29 - Stipulations About Discovery Procedure
LR 34 - Requests for Production
LR 36 - Requests for Admission
LR 40 - Scheduling Cases for Trial
LR 42 - Consolidation; Separate Trials
LR 48 - Jurors and Participation in the Verdict
LR 51 - Instructions to the Jury
LR 54 - Bill of Costs and Attorney Fees
LR 65 - Injunctions and Restraining Orders
LR 65.1 - Securities and Sureties
LR 72 - Magistrate Judges: Pretrial Order
LR 73 - Magistrate Judges: Trial by Consent
LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment
LR 79 - Records Kept by the Clerk
LR 81 - Habeas Corpus Petitions
LR 83 - Rules and Directives - By the District Court
LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices