Big Screen Entertainment Group Inc v. Davis, No. 2:2006cv03800 - Document 246 (C.D. Cal. 2008)

Court Description: MINUTES OF IN CHAMBERS before Judge A. Howard Matz: The Court DENIES Defendants EX PARTE APPLICATION for Order Vacating Final Judgment on Consent 241 , 242 , 243 , 244 . on procedural grounds and on the merits. Defendant has not established any r easons for proceeding ex parte rather than by way of noticed motion. On the merits, Defendant has not established that the consent judgment is void ab initio by virtue of the Courts having inserted a jurisdictional provision into the proposed consent judgment prior to approving it. Nor has Defendant demonstrated that Plaintiff has breached the parties' settlement agreement that was incorporated into the consent judgment. (jp)