J & J Sports Productions Inc v. Roberts et al

Filing 30

ORDER pursuant to 29 Stipulation of Dismissal filed by the parties, this action is hereby dismissed; each party shall bear its own attorneys' fees and costs. Signed by Judge Susan Webber Wright on 7/25/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION J & J SPORTS PRODUCTIONS, INC., * * Plaintiff, * * vs. * * * * LARRY ROBERTS, JIM REAVES, AND * JIM WASELUES, INDIVIDUALLY and d/b/a * RAZORBACK PIZZA; and RAZORBACK * PIZZA, LLC., an unknown business entity * d/b/a RAZORBACK PIZZA, * * Defendants. * No. 4:10-cv-00097-SWW ORDER Plaintiff J & J Sports Productions, Inc., a commercial distributor of sporting events, brought this action against Larry Roberts, Jim Reaves, and Jim Waselues, individually and d/b/a Razorback Pizza, and Razorback Pizza, LLC., an unknown business entity d/b/a Razorback Pizza, alleging defendants unlawfully exhibited one of plaintiff’s licensed programs in violation of the Communications Act of 1934, as amended, 47 U.S.C. §§ 605 et seq., and the Cable Television Consumer Protection and Competition Act of 1992, as amended, 47 U.S.C. §§ 553 et seq. Plaintiff also asserted a state law claim of conversion. The parties have now entered into the following Stipulation of Dismissal: IT IS HEREBY STIPULATED by and between Plaintiff J & J Sports Productions, Inc. and Defendants Jim Reaves and Jim Waselues, individually and d/b/a Razorback Pizza, and Razorback Pizza, LLC, an unknown business entity d/b/a Razorback Pizza, that the above-entitled action is hereby dismissed without prejudice against Jim Reaves and Jim Waselues, individually and d/b/a Razorback Pizza, and Razorback Pizza, LLC, an unknown business entity d/b/a Razorback Pizza, and subject to the Court’s jurisdiction to enforce the settlement agreement reached between the Parties.1 IT IS FURTHER STIPULATED that provided no Party referenced above has filed a motion to reopen this action by December 18, 2011, the dismissal shall be deemed to be with prejudice. This dismissal is made pursuant to Federal Rules of Civil Procedure 41(a)(1). Each Party referenced-above shall bear its own attorneys’ fees and costs. See Document Entry #29. The Court hereby dismisses this action pursuant to the terms of the parties’ Stipulation of Dismissal as set forth above. IT IS SO ORDERED this 25th day of July 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Defendant Larry Roberts, individually and d/b/a Razorback Pizza, was voluntarily dismissed by plaintiff on June 2, 2010. See Doc.# 6. 2

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