J & J Sports Productions, Inc. v. Segura

Filing 28

ORDER REQUESTING SUPPLEMENTAL SUBMISSION RE 25 Motion to Reopen Case and VACATING Hearing. Signed by Judge Jeffrey S. White on October 23, 2013. (jswlc3, COURT STAFF) (Filed on 10/23/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 J&J SPORTS PRODUCTIONS, INC., 8 Plaintiff, 9 v. ORDER REQUESTING SUPPLEMENTAL SUBMISSION REGARDING MOTION TO REOPEN CASE AND VACATING HEARING JESUS SERGURA, 11 Defendant. / For the Northern District of California United States District Court 10 No. C 12-01702 JSW 12 13 On September 25, 2013, Plaintiff filed a motion to re-open this case, which is noticed 14 for hearing on January 31, 2014. Defendant has not filed an opposition within the time 15 permitted by the Northern District Civil Local Rules, and the motion is ripe for resolution. The 16 Court has considered Plaintiff’s papers, relevant legal authority, and the record in this case, and 17 it finds the motion is suitable for disposition without oral argument. Accordingly, the Court 18 VACATES the hearing scheduled for January 31, 2014, and it shall resolve the motion on the 19 papers. 20 Based on the current record, notwithstanding the stipulation of dismissal which permits 21 a party to seek to re-open the case, it is not clear to the Court that it would have jurisdiction 22 over what appears to be a breach of contract dispute. Accordingly, the Court HEREBY 23 ORDERS Plaintiff to submit a copy of the Settlement Agreement and Release to the Court by 24 no later than November 1, 2013. Plaintiff shall file an administrative motion to file the 25 Settlement Agreement and Release Under seal, based on the representation that the terms of that 26 release are confidential. If Plaintiff fails to file the Settlement Agreement and Release by 27 November 1, 2013, the Court will deny the motion to re-open without prejudice. 28 // // 1 2 3 4 Once the Plaintiff has filed the Settlement Agreement and Release, the matter will be deemed submitted, and the Court shall issue a written ruling. IT IS SO ORDERED. Dated: October 23, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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