J & J Sports Productions, Inc. v. Curtis

Filing 15

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr., on 3/21/11, GRANTING pltf's 13 motion to set aside the dismissal of the case, and reopen the action. The parties are directed to file a joint pretrial scheduling conf statement on or before 4/15/11. The court will thereafter issue a scheduling order. (Kastilahn, A)

J & J Sports Productions, Inc. v. Curtis

Doc. 15

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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
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J & J SPORTS PRODUCTIONS, INC. NO. CIV. S-10-1053 FCD/JFM Plaintiff, v. ROBERTA LUALA CURTIS, et al., Defendants. ----oo0oo---This matter is before the court on plaintiff J & J Sports Productions, Inc.'s ("plaintiff") motion to set aside the dismissal of the case and reopen the action, scheduling the matter again for trial.1 Previously, the parties filed a MEMORANDUM AND ORDER

Stipulation of Dismissal based on their private settlement of the action. (Docket #11.) Plaintiff brings the instant motion on

the ground that defendant Roberta Luala Curtis, individually and d/b/a Tierra Buena Tavern ("defendant"), has failed to comply

Dockets.Justia.com

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with the terms of the parties' settlement, including the failure to pay a certain sum of money on or before January 15, 2011. Defendant did not respond to the motion, and the court construes the failure to respond as a non-opposition to the motion. Cal. L.R. 230(c). As such, the court GRANTS plaintiff's motion. HEREBY reopened. The case is E.D.

The parties are directed to file a joint

pretrial scheduling conference statement on or before April 15, 2011. The court will thereafter issue a scheduling order. IT IS SO ORDERED. DATED: March 21, 2011

FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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