Joe Hand Promotions, Inc. v. Bush

Filing 46

ORDER DISMISSING CASE AND TERMINATING JURISDICTION. Signed by Judge Alsup on August 13, 2010. (whalc2, COURT STAFF) (Filed on 8/13/2010)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California JOE HAND PROMOTIONS, INC., Plaintiff, v. MALAYTHONG BUSH a/k/a MALAYTHONG SINGH, individually and d/b/a LUCKY PIZZA, Defendants. / ORDER DISMISSING CASE AND TERMINATING JURISDICTION No. C 09-00454 WHA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The order of dismissal in this matter (Dkt. No. 40) retained jurisdiction to enforce the parties' settlement agreement until August 1, 2010. Before that time elapsed plaintiff filed a "motion to set aside settlement and reopen action" on the grounds that defendants have allegedly failed to honor the terms of the settlement agreement. Defendants filed a statement of nonopposition and the matter was reopened. A further case management conference was held on August 12, 2010. Plaintiff failed to appear. Because plaintiff has failed to diligently prosecute its case, this action is DISMISSED. 1 2 3 4 5 6 7 8 9 10 The Court shall not maintain jurisdiction to enforce a settlement agreement that is in place and under which payments have been made. The Clerk shall close the file. IT IS SO ORDERED. Dated: August 13, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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