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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BRYAN MARSHALL BRATT, Case No.: 22-cv-1984-RSH-WVG Plaintiff, 12 13 v. 14 MGA ENTERTAINMENT, COMPOSITIONS OF MGA ENTERTAINMENT, HOTEL PARADIS MUSIC, JONATHAN GORDON, DUSTIN EARL BROWN, and ALEX GERINGAS, 15 16 17 18 ORDER DENYING MOTION TO SET ASIDE DISMISSAL AND FOR LEAVE TO AMEND [ECF No. 18] Defendants. 19 20 On July 6, 2023, the Court dismissed this action without prejudice. ECF No. 13. On 21 May 21, 2024, Plaintiff filed a motion to set aide the dismissal and for leave to file an 22 amended complaint. ECF No. 18. Specifically, Plaintiff requests “[t]hat the Court vacate 23 its order of dismissal dated April 5, 2024,” and “[t]hat the Court grant Plaintiff leave to file 24 a Second Amended Complaint.” ECF No. 18 at 11. 25 The relief that Plaintiff requests refers to a separate and similar case, Bratt v. MGA 26 Entertainment et al., No. 23-cv-1457-RSH-VET (S.D. Cal.) (“Bratt II”), that Plaintiff filed 27 approximately two months after the Court dismissed this, his first, case. The Court in turn 28 1 22-CV-1984-RSH-WVG 1 dismissed Bratt II on April 5, 2024. In Bratt II, Plaintiff has filed a similar motion to set 2 aside the dismissal and for leave to file an amended complaint. The Court will separately 3 consider Plaintiff’s motion in Bratt II. However, inasmuch as Plaintiff has filed a motion 4 in Bratt I that seeks relief in Bratt II, the Court denies the motion. 5 Accordingly, Plaintiff’s motion is DENIED. 6 IT IS SO ORDERED. 7 Dated: September 25, 2024 8 ____________________ Hon. Robert S. Huie United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 22-CV-1984-RSH-WVG

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