J & J Sports Productions, Inc. v. Brar et al
Filing
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ORDER signed by Judge Frank C. Damrell, Jr on 6/7/11 GRANTING 24 Motion to Reopen Case. The clerk is DIRECTED to open this case. The parties are ORDERED to file a joint status conference statementr within 30 days of the date of this order. CASE REOPENED. (Donati, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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J & J Sports Productions,
Inc.,
NO. CIV. S-09-3394 FCD/EFB
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Plaintiff,
v.
MEMORANDUM AND ORDER
AMARJIT SINGH BRAR, et al.,
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Defendants.
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This matter is before the court on plaintiff J & J Sports
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Productions, Inc.’s (“plaintiff”) motion to re-open the case.1
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Plaintiff moves to re-open the case on the ground that defendants
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have failed to adhere to the terms of the parties’ settlement
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agreement.
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parties filed a Stipulation of Dismissal, agreeing to dismiss
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this case without prejudice.
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expressly reserved the court’s authority to enforce the
Pursuant to that agreement, on December 17, 2010 the
(Docket #22.)
Said Stipulation
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Because oral argument will not be of material
assistance, the court orders this matter submitted on the briefs.
E.D. Cal. L.R. 230(g).
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settlement agreement upon motion of a party, provided said motion
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was filed by August 15, 2011.
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agreed that the dismissal was with prejudice, and the court was
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without authority to set aside the dismissal or re-open the case.
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(Id.)
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After that date, the parties
Plaintiff asserts defendants have failed to pay plaintiff
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the monies due under the agreement.
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plaintiff seeks to re-open the case, setting aside the dismissal
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and settlement agreement, in order to pursue this action against
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defendants.
By the instant motion
Defendants did not respond to the motion.
As such, the court HEREBY GRANTS plaintiff’s motion.
The
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Clerk of the Court is directed to open the case.
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ordered to file a joint status conference statement within 30
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days of the date of this order.
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The parties are
IT IS SO ORDERED.
DATED: June 7, 2011
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FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
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