C&C Jewelry Mfg Inc v. Trent West

Filing 245

ORDER VACATING 243 ORDER OF DISMISSAL, AND DIRECTING THAT CASE BE REOPENED AND REASSIGNED TO JUDGE EDWARD DAVILA (addressing 244 ). Signed by Judge Jeremy Fogel on 11/28/2011. (jflc2, COURT STAFF) (Filed on 11/28/2011)

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1 **E-Filed 11/28/2011** 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 For the Northern District of California IN THE UNITED STATES DISTRICT COURT 9 United States District Court 8 SAN JOSE DIVISION 11 12 C&C JEWELRY MANUFACTURING, INC., Plaintiff, 13 v. 14 15 16 17 TRENT WEST, Case No. 5:09-cv-01303-JF ORDER VACATING ORDER OF DISMISSAL, AND DIRECTING THAT CASE BE REOPENED AND REASSIGNED TO JUDGE EDWARD DAVILA Defendant. [re: dkt. entry 244] AND RELATED COUNTERCLAIMS. 18 19 20 On July 28, 2011, the Court dismissed this action after being informed that the parties had 21 reached a settlement. The dismissal order provided that “if any party notifies the Court within 22 ninety days of the date of this order that the agreed consideration for said settlement has not been 23 delivered, this order will be vacated and the case will be restored to the calendar to be set for trial.” 24 On October 25, 2011, Defendant-Counterclaimant Trent West filed a notice that the agreed upon 25 consideration had not been delivered, and he requested that the Court vacate the order of dismissal. 26 Good cause therefor appearing, the order of dismissal (dkt entry 243) is hereby VACATED. 27 The Clerk shall reopen the case and reassign it to District Judge Edward Davila, the judge assigned 28 to the related cases 5:07-cv-01812-EJD and 5:10-cv-03124-EJD. 1 IT IS SO ORDERED. 2 3 DATED: 11/28/2011 __________________________________ JEREMY FOGEL United States District Judge 4 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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