Joe Hand Promotions, Inc. v. Glory Days Enterprises, Inc. et al (MAG2)

Filing 22

OPINION AND ORDER: it is ORDERED as follows: (1) The recommendation of the United States Magistrate Judge (doc. no. 18 ) is adopted. (2) The motion to vacate (doc. no. 14 ) is granted. (3) The opinion (doc. no. 12 ) and judgment (doc. no. 13 ) are vacated. It is further ORDERED that this case is reopened and referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/12/2017. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
JOE HAND PROMOTIONS, INC., )
)
Plaintiff,
)
)
v.
)
)
GLORY DAYS ENTERPRISES,
)
INC., d/b/a Glory Days
)
Two, and MALCOLM PHANEUF, )
)
Defendants.
)

CIVIL ACTION NO.
3:16cv941-MHT
(WO)

OPINION AND ORDER
Pursuant
60(b)(1),

to

Federal

plaintiff

filed

Rule
a

of

motion

Civil
to

Procedure

vacate

this

court’s opinion and judgment dismissing this case based
on the finding that plaintiff had abandoned it.

This

case is before the court on the recommendation of the
United

States

Magistrate

Judge

that

the

plaintiff’s

motion to vacate be granted and the court’s opinion and
final judgment be vacated.
the recommendation.

There are no objections to

Upon an independent and de novo

review of the record, it is ORDERED as follows:

(1) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 18) is adopted.
(2) The motion to vacate (doc. no. 14) is granted.
(3) The opinion (doc. no. 12) and judgment (doc.
no. 13) are vacated.
It is further ORDERED that this case is reopened
and referred back to the magistrate judge for further
proceedings.
DONE, this the 12th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE