Joe Hand Promotions, Inc. v. Terri Bova, et al

Filing 29

ORDER granting 27 Motion to Vacate. Each party is ORDERED to file a status update with the Court on or before 3/6/2013 as per this Order. Signed by Judge G. Patrick Murphy on 2/14/2013. (ktc)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

JOE HAND PROMOTIONS, INC.,
Plaintiff,
vs.
TERRI BOVA, individually and d/b/a
Jack’s Place Bar & Grill, and, JACK’S
PLACE BAR & GRILL,
Defendants.

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CIVIL NO. 12-249-GPM

ORDER REOPENING CASE, VACATING JUDGMENT,
AND ORDER FOR STATUS
MURPHY, District Judge:
Plaintiff filed this Communications Act and Cable and Television Consumer Protection
and Competition Act case on March 22, 2012, claiming, in short, that Defendants televised an
ultimate fighting championship in violation of Plaintiff’s licensing agreements (Doc. 2).
Defendants have counsel and did file an answer (Doc. 10). On September 28, 2012, Plaintiff filed
a motion for summary judgment (Doc. 22). Defendants did not respond. The motion for
summary judgment was granted on December 19, 2012 and Judgment entered that day, awarding
Plaintiffs the relief they sought in the motion for summary judgment--$15,535.25 total. On
November 16 and December 12, 2012, a legal assistant from Plaintiff’s counsels’ firm had
e-mailed a message to the Court’s proposed documents email address entitled “proposed consent
of judgment (2).” That message had an attachment (which was ostensibly a proposed consent
judgment). Nothing regarding a proposed consent judgment was ever filed in the case, nor was
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anything filed to retract or stay the motion for summary judgment, but on December 23, 2012 (less
than 28 days after Judgment entered) Defendants filed a motion to vacate, citing a preexisting
settlement between the parties (Doc. 27). On the basis of Defendants’ motion, the Court finds
that altering Judgment may be necessary. Though Defendants fail to specify their grounds, relief
is warranted pursuant to Federal Rule of Civil Procedure 59(e).
Defendant’s motion is therefore GRANTED and this action shall be REOPENED.
All parties are ORDERED to file status reports on or before March 6, 2013. The status
updates must address the existence of a settlement and/or an arrangement for a proposed consent
judgment. Each party’s status update shall also include their position on the Plaintiff’s motion for
summary judgment (i.e. should it be withdrawn, does Plaintiff wish to pursue the motion, etc.).

IT IS SO ORDERED.
DATED: February 14, 2013
s/ ZA ctàÜ|v~ `âÜÑ{ç
G. PATRICK MURPHY
United States District Judge

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