J & J Sports Productions, Inc. v. Segura

Filing 24

ORDER RE NOTICE TO WITHDRAW PLAINTIFF'S NOTICE OF SETTLEMENT. Signed by Judge JEFFREY S.WHITE on 3/20/13. (jjoS, COURT STAFF) (Filed on 3/20/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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J&J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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v.

ORDER RE NOTICE TO
WITHDRAW PLAINTIFF’S
NOTICE OF SETTLEMENT

JESUS SERGURA,
Defendant.
/

For the Northern District of California

United States District Court

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No. C 12-01702 JSW

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On March 19, 2013, Plaintiff filed a notice that the “Notice of Settlement previously

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filed on August 21, 2012 (ECF No. 16) is hereby withdrawn. Plaintiff[] respectfully requests

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that this action be reinstated on the Court’s trial calendar forthwith.” (Docket No. 23 at 1:21-

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23.) However, on September 25, 2012, this Court granted a stipulation to dismiss this case

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without prejudice. (Docket No. 21.) The parties stipulated that “provided no Party referenced

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above has filed a motion to reopen this action by November 15, 2013, the dismissal shall be

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deemed with prejudice.” (Id. at 2:1-3 (emphasis added).)

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Therefore, if Plaintiff seeks to reopen this case and have it placed back on the Court’s

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trial calendar, it should follow the procedures it contemplated in the Stipulation of Dismissal.

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That is, Plaintiff should filed a properly noticed motion to reopen this case and shall set forth

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the factual and legal bases on which it seeks to reopen the matter.

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IT IS SO ORDERED.
Dated: March 20, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE