J & J Sports Productions, Inc. v. Brar et al

Filing 26

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 J & J Sports Productions, Inc., NO. CIV. S-09-3394 FCD/EFB 13 14 15 Plaintiff, v. MEMORANDUM AND ORDER AMARJIT SINGH BRAR, et al., 16 Defendants. 17 ----oo0oo---- 18 This matter is before the court on plaintiff J & J Sports 19 Productions, Inc.’s (“plaintiff”) motion to re-open the case.1 20 Plaintiff moves to re-open the case on the ground that defendants 21 have failed to adhere to the terms of the parties’ settlement 22 agreement. 23 parties filed a Stipulation of Dismissal, agreeing to dismiss 24 this case without prejudice. 25 expressly reserved the court’s authority to enforce the Pursuant to that agreement, on December 17, 2010 the (Docket #22.) Said Stipulation 26 27 28 1 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). 1 1 settlement agreement upon motion of a party, provided said motion 2 was filed by August 15, 2011. 3 agreed that the dismissal was with prejudice, and the court was 4 without authority to set aside the dismissal or re-open the case. 5 (Id.) 6 After that date, the parties Plaintiff asserts defendants have failed to pay plaintiff 7 the monies due under the agreement. 8 plaintiff seeks to re-open the case, setting aside the dismissal 9 and settlement agreement, in order to pursue this action against 10 11 defendants. By the instant motion Defendants did not respond to the motion. As such, the court HEREBY GRANTS plaintiff’s motion. The 12 Clerk of the Court is directed to open the case. 13 ordered to file a joint status conference statement within 30 14 days of the date of this order. 15 16 The parties are IT IS SO ORDERED. DATED: June 7, 2011 17 18 19 FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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