Big Screen Entertainment Group Inc v. Davis

Filing 246

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)

O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 06-3800 AHM (AJWx) BIG SCREEN ENTERTAINMENT GROUP INC v. DAVIS Date December 3, 2008

Present: The Honorable Stephen Montes Deputy Clerk

A. HOWARD MATZ, U.S. DISTRICT JUDGE Not Reported Court Reporter / Recorder Tape No. Attorneys NOT Present for Defendants:

Attorneys NOT Present for Plaintiffs:

Proceedings:

IN CHAMBERS (No Proceedings Held)

The Court DENIES Defendant's Ex Parte Application for Order Vacating Final Judgment on Consent,1 on procedural grounds and on the merits. Defendant has not established any reasons for proceeding ex parte rather than by way of noticed motion. See Mission Power Engineering Co. v. Continental Cas. Co., 883 F.Supp. 488, 492 (C.D. Cal. 1995). On the merits, Defendant has not established that the consent judgment is void ab initio by virtue of the Court's 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.

: Initials of Preparer RJ

1

Dockets No. 241, 242, 243, 244.
CIVIL MINUTES - GENERAL Page 1 of 1

CV-90 (06/04)