Roland Corporation v. inMusicBrands, Inc.

Filing 350

ORDER granting 330 Motion for Reconsideration. Signed by Judge Federico A. Moreno on 6/16/2021. See attached document for full details. (mmd)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
Case Number: 17-22405-CIV-MORENO
ROLAND CORP.,
Plaintiff,
vs.
INMUSIC BRANDS, INC.,
Defendant.
_________________________________________/
ORDER GRANTING MOTION FOR RECONSIDERATION
THIS CAUSE came before the Court upon the Motion for Reconsideration of the Order
denying the parties’ Joint Motion to Restart Litigation and Request for Entry of Updated
Scheduling Order (D.E. 330), filed on December 2, 2020.
THE COURT has considered the motion, the response, the pertinent portions of the
record, and being otherwise fully advised in the premises, it is
ADJUDGED that the motion for reconsideration is GRANTED. The Court reconsiders
its ruling denying the joint motion to restart the litigation and finds it appropriate to reopen the
case as the Magistrate Judge found there was no existing settlement agreement between the
parties. The failure to consummate a settlement agreement is good cause to reopen an action.
See Kennedy v. Jai Hanumaan, LLC & Rondolino v. Nw. Mut. Life Ins. Co., Case No. 18-63095CIV-Martinez (ECF No. 16) (S.D. Fla. Apr. 22, 2019) (recommending that the plaintiff’s motion
to reopen case be granted where there was no enforceable settlement); Hitchock v. Orange Cty.,
Fla., No. 6:04-cv-1722-JA-JGG (ECF No. 46) (M.D. Fla. June 21, 2006) (granting motion to
reopen after case was dismissed in light of a settlement that was not consummated); United
States v. Persaud, No. 6:02-cv-1528-ACC-JGG (ECF No. 147) (M.D. Fla. Mar. 1, 2005). The

Court reopens this case and will issue a separate scheduling order. It is also
ADJUDGED that the motion for relief from the Court’s January 6, 2020 is DENIED as
moot.
DONE AND ORDERED in Chambers at Miami, Florida, this 16th of June 2021.

______________________________________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record

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