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J & J Sports Productions, Inc v. Amarjit Singh Brar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 7, 2011

J & J SPORTS PRODUCTIONS, INC.,
PLAINTIFF,
v.
AMARJIT SINGH BRAR, 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 re-open the case.*fn1

Plaintiff moves to re-open the case on the ground that defendants have failed to adhere to the terms of the parties' settlement agreement. Pursuant to that agreement, on December 17, 2010 the parties filed a Stipulation of Dismissal, agreeing to dismiss this case without prejudice. (Docket #22.) Said Stipulation expressly reserved the court's authority to enforce the settlement agreement upon motion of a party, provided said motion was filed by August 15, 2011. After that date, the parties agreed that the dismissal was with prejudice, and the court was without authority to set aside the dismissal or re-open the case. (Id.)

Plaintiff asserts defendants have failed to pay plaintiff the monies due under the agreement. By the instant motion plaintiff seeks to re-open the case, setting aside the dismissal and settlement agreement, in order to pursue this action against defendants. Defendants did not respond to the motion.

As such, the court HEREBY GRANTS plaintiff's motion. The Clerk of the Court is directed to open the case. The parties are ordered to file a joint status conference statement within 30 days of the date of this order.

IT IS SO ORDERED.


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