Joe Hand Promotions, Inc. v. Roseville Lodge No. 1293, Loyal Order of Moose, Incorporated

Filing 33

ORDER signed by District Judge Morrison C. England, Jr. on 1/5/2017 ACCORDINGLY the Clerk of the Court is directed to close this case. CASE CLOSED(Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOE HAND PROMOTIONS, INC.,

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Plaintiff,

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No. 2:14-cv-00361-MCE-EFB

v.

ORDER

ROSEVILLE LODGE NO. 1293,
LOYAL ORDER OF MOOSE,
INCORPORATED, an unknown
business entity d/b/a MOOSE LODGE
1293,

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Defendant.

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On February 10, 2016, the Court granted in part and denied in part Plaintiff’s

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Motion for Summary Judgment. ECF No. 31. The Court also directed Plaintiff, within 14

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days of the filing of the Court’s Order, to “inform the Court whether it [would] proceed on

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the fourth cause of action or seek dismissal of that claim and request that this case be

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closed.” Id. at 12. Plaintiff was specifically advised that if no notice was timely filed, “this

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case will be closed without any further notice to the parties.” Id.
Plaintiff has not filed any notice with the Court concerning its fourth cause of

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action and more than 14 days have elapsed since the Court’s February 10, 2016, Order.

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Accordingly, that cause of action is DISMISSED.

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In addition, the Court’s Order inadvertently neglected to fully dispose of Plaintiff’s

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second cause of action, despite the Court finding it legally infirm. Id. at 7. The Court’s

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Order is therefore amended such that Defendants’ Motion for Summary Judgment is

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GRANTED as to Plaintiff’s second cause of action. See Fed. R. Civ. P. 60(a) (“The court

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may correct . . . a mistake arising from oversight or omission whenever one is found in a

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judgment, order, or other part of the record. The court may do so . . . on its own, with or

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without notice.”).

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There being nothing further pending before the Court, the Clerk of Court is
directed to close this case.
IT IS SO ORDERED.
Dated: January 5, 2017

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