Luxurycatalogs.com, Inc. v. Miller

Filing 65

ORDER adopting 64 Report and recommendation and reopening case. 60 Plaintiff's motion to enforce settlement is denied. 56 Order dismissing case is set aside, and the Clerk shall reopen the file. Case Management Statement due by 3/14/2016. Case Management Conference set for 3/21/2016 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/13/16. (tehlc3, COURT STAFF) (Filed on 1/13/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LUXURYCATALOGS.COM, INC.,

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Plaintiff,
v.

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Case No. 14-cv-04952-TEH
ORDER REOPENING CASE

DANIEL G. MILLER,
Defendant.

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United States District Court
Northern District of California

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This case settled with the assistance of Magistrate Judge Maria-Elena James on

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November 2, 2015. The following day, this Court dismissed the case with prejudice but

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provided that the dismissal would be vacated if any party certified to the Court within 60

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days that the agreed consideration had not been delivered. Plaintiff Luxurycatalogs.com

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filed a motion to enforce the settlement on December 23, 2015, and the Court referred the

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motion to Judge James for a report and recommendation.

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Judge James recommended that the Court deny Plaintiff’s motion because it lacks

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jurisdiction to enforce the agreement. She further recommended that the Court set aside

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the order of dismissal and restore this case to the calendar. Objections were due by

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January 11, 2016, and no objections were filed.
After reviewing the record and Judge James’s report and recommendation, the

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Court finds good cause to adopt the report and recommendation in its entirety.

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Accordingly, Plaintiff’s motion to enforce the settlement is DENIED. However, the

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November 3, 2015 Order of Dismissal is set aside, and the Clerk shall reopen the file. The

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parties shall appear for a joint case management conference on March 21, 2016, at

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1:30 PM, and file a joint case management conference statement on or before March 14,

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2016.

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IT IS SO ORDERED.

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Dated: 01/13/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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