Adwalls Media, LLC v. Adwalls, LLC et al

Filing 241

ORDER RE. MOTION TO STRIKE AND EXPUNGE IMPROPERLY FILED STIPULATED JUDGMENT AND FOR ORDER TO SHOW CAUSE WHY PLAINTIFF SHOULD NOT BE HELD IN CONTEMPT OF COURT. No later than September 14, 2020, Ad Walls, LLC, shall file the appropriate LR 7.8 certification and shall explain the delay in its reaction to the filing. Alternatively, Ad Walls, LLC, may file a document withdrawing the motion without prejudice to its refiling once a proper prefiling conference has been completed. For its part , Adwalls Media, LLC, shall, by September 14, 2020, submit a statement as to why the Stipulated Judgment and Order was filed without a determination by Magistrate Judge Barry Kurren "based on briefing provided to him by the parties," as required by the parties agreement. See ECF No. 240-3, PageID # 5786. Signed by JUDGE SUSAN OKI MOLLWAY on 9/9/2020. (cib)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ADWALLS MEDIA, LLC,

)
)
Plaintiff,
)
)
vs.
)
)
AD WALLS, LLC,
)
)
Defendant.
)
_____________________________ )

CIVIL NO. 12-00614 SOM/BMK
ORDER RE. MOTION TO STRIKE
AND EXPUNGE IMPROPERLY FILED
STIPULATED JUDGMENT AND FOR
ORDER TO SHOW CAUSE WHY
PLAINTIFF SHOULD NOT BE HELD
IN CONTEMPT OF COURT

ORDER RE. MOTION TO STRIKE AND EXPUNGE IMPROPERLY FILED
STIPULATED JUDGMENT AND FOR ORDER TO SHOW CAUSE WHY PLAINTIFF
SHOULD NOT BE HELD IN CONTEMPT OF COURT
In May 2015, Plaintiff Adwalls Media, LLC, and
Defendants Ad Walls, LLC, John Rowe, and Jeffrey Zimmerman
entered into a settlement agreement.

Pursuant to the settlement

agreement, the parties filed a Stipulation for Dismissal with
Prejudice, which the court approved as to form.

See ECF No. 238.

Five years later, on May 7, 2020, Plaintiff Adwalls
Media filed a Stipulated Judgment and Order.

The document

appears to have been submitted to the electronic case file
directly by counsel, rather than having been submitted to a
judge’s Orders Box (e.g., [e-mail].), as
is customary.

Consequently, no judge signed or approved the

judgment before it was filed.

As far as the court is concerned,

a judgment and purported order that is filed without any judge’s
approval has no effect.

Now, four months after the unsigned

Stipulated Judgment and Order was filed by Plaintiff, Defendant
Ad Walls, LLC, seeks to expunge the document as having been

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improperly filed and to have the court issue an order to show
cause why Adwalls Media (and its manager, James Blinn) should not
be held in contempt.

See ECF No. 240.

Local Rule 7.8 provides:
Except in connection with discovery motions
(which are governed by LR37.1), applications
for temporary restraining orders or
preliminary injunctions, matters in which at
least one party is pro se, and motions made
during trial, counsel contemplating the
filing of any motion shall first contact
opposing counsel to discuss thoroughly,
preferably in person, the substance of the
contemplated motion and any potential partial
or complete resolution. The conference shall
take place at least seven (7) days prior to
the filing of the motion. If the parties are
unable to reach a resolution which eliminates
the necessity for a motion, counsel for the
movant shall include in the motion a
statement to the following effect:
“This motion is made following the conference
of counsel pursuant to LR7.8 which took place
on [date].”
The current motion does not have the required LR 7.8
certification or appear to fit within any of the rule’s
exemptions.
No later than September 14, 2020, Ad Walls, LLC, shall
file the appropriate LR 7.8 certification and shall explain the
delay in its reaction to the filing.

Alternatively, Ad Walls,

LLC, may file a document withdrawing the motion without prejudice
to its refiling once a proper prefiling conference has been
completed.

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For its part, Adwalls Media, LLC, shall, by September
14, 2020, submit a statement as to why the Stipulated Judgment
and Order was filed without a determination by Magistrate Judge
Barry Kurren “based on briefing provided to him by the parties,”
as required by the parties’ agreement.

See ECF No. 240-3, PageID

# 5786.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, September 9, 2020.

/s/ Susan Oki Mollway
Susan Oki Mollway
United States District Judge
ADWALLS MEDIA, LLC, vs. AD WALLS, LLC, CIVIL NO. 12-00614 SOM/BMK; ORDER RE. MOTION TO
STRIKE AND EXPUNGE IMPROPERLY FILED STIPULATED JUDGMENT AND FOR ORDER TO SHOW CAUSE
WHY PLAINTIFF SHOULD NOT BE HELD IN CONTEMPT OF COURT.

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