Seltzer v. Heads and Tails, Inc. et al

Filing 39

ORDER re: 3/1/12 Hearing: In lieu of a hearing on Defendants' 29 motion, the Court will hold a status hearing on 3/1/12, to set an evidentiary hearing. Signed by Judge Janis L. Sammartino on 2/22/12.(lmt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ONDRE SELTZER, an individual,

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CASE NO. 10CV1245 JLS (BLM)
Plaintiff,

ORDER RE: MARCH 1, 2012,
HEARING

vs.
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HEADS AND TAILS, INC., a California
Corporation; ANTHONY LOIACONO,
ANTHONY LOIACONO, an individual; and
Does 1 through 10, Inclusive,
Defendant.

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Presently before the Court is Defendants Heads and Tails, Inc., and Anthony Loiacono’s
(collectively, “Defendants”) motion to enforce agreed settlement and dismiss action. (Mot. to
Enforce, ECF No. 29) Also before the Court are Plaintiff Ondre Seltzer’s (“Seltzer”) response in
opposition, (Resp. in Opp’n, ECF No. 35), and Defendants’ reply in support, (Reply in Supp., ECF
No. 28). A hearing on the motion is currently scheduled for March 1, 2012, at 1:30p.m.
The Court finds that in light of the factual issues raised by Seltzer, the motion cannot be
decided absent an evidentiary hearing. See Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987)
(“Where material facts concerning the existence or terms of an agreement to settle are in dispute,
the parties must be allowed an evidentiary hearing.”) (citing Russell v. Puget Sound Tug & Barge
Co., 737 F.2d 1510, 1511 (9th Cir. 1984)). Thus, in lieu of the hearing on Defendants’ motion, the
Court will hold a status hearing on March 1, 2012, to set an evidentiary hearing for this matter.
IT IS SO ORDERED.
DATED: February 22, 2012
Honorable Janis L. Sammartino
United States District Judge
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10cv1245