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J & J Sports Productions, Inc. v. Roberta Luala Curtis

March 21, 2011

J & J SPORTS PRODUCTIONS, INC.
PLAINTIFF,
v.
ROBERTA LUALA CURTIS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

MEMORANDUM AND ORDER

This matter is before the court on plaintiff J & J Sports Productions, Inc.'s ("plaintiff") motion to set aside the dismissal of the case and reopen the action, scheduling the matter again for trial.*fn1 Previously, the parties filed a Stipulation of Dismissal based on their private settlement of the action. (Docket #11.) Plaintiff brings the instant motion on the ground that defendant Roberta Luala Curtis, individually and d/b/a Tierra Buena Tavern ("defendant"), has failed to comply with the terms of the parties' settlement, including the failure to pay a certain sum of money on or before January 15, 2011. Defendant did not respond to the motion, and the court construes the failure to respond as a non-opposition to the motion. E.D. Cal. L.R. 230(c).

As such, the court GRANTS plaintiff's motion. The case is HEREBY reopened. The parties are directed to file a joint pretrial scheduling conference statement on or before April 15, 2011. The court will thereafter issue a scheduling order.

IT IS SO ...


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