Bratt v. MGA Entertainment et al

Filing 19

ORDER Denying Motion To Set Aside Dismissal And For Leave To Amend[ECF No. 18 ]. Signed by District Judge Robert S. Huie on 09/25/2024. (All non-registered users served via U.S. Mail Service)(stn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BRYAN MARSHALL BRATT,

Case No.: 22-cv-1984-RSH-WVG
Plaintiff,

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v.

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MGA ENTERTAINMENT,
COMPOSITIONS OF MGA
ENTERTAINMENT, HOTEL PARADIS
MUSIC, JONATHAN GORDON,
DUSTIN EARL BROWN, and ALEX
GERINGAS,

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ORDER DENYING MOTION TO
SET ASIDE DISMISSAL AND FOR
LEAVE TO AMEND
[ECF No. 18]

Defendants.

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On July 6, 2023, the Court dismissed this action without prejudice. ECF No. 13. On

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May 21, 2024, Plaintiff filed a motion to set aide the dismissal and for leave to file an

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amended complaint. ECF No. 18. Specifically, Plaintiff requests “[t]hat the Court vacate

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its order of dismissal dated April 5, 2024,” and “[t]hat the Court grant Plaintiff leave to file

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a Second Amended Complaint.” ECF No. 18 at 11.

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The relief that Plaintiff requests refers to a separate and similar case, Bratt v. MGA

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Entertainment et al., No. 23-cv-1457-RSH-VET (S.D. Cal.) (“Bratt II”), that Plaintiff filed

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approximately two months after the Court dismissed this, his first, case. The Court in turn

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22-CV-1984-RSH-WVG

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dismissed Bratt II on April 5, 2024. In Bratt II, Plaintiff has filed a similar motion to set

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aside the dismissal and for leave to file an amended complaint. The Court will separately

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consider Plaintiff’s motion in Bratt II. However, inasmuch as Plaintiff has filed a motion

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in Bratt I that seeks relief in Bratt II, the Court denies the motion.

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Accordingly, Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.

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Dated: September 25, 2024

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____________________
Hon. Robert S. Huie
United States District Judge

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22-CV-1984-RSH-WVG