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Joe Hand Promotions, Inc v. Terri Bova

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


February 14, 2013

JOE HAND PROMOTIONS, INC., PLAINTIFF,
v.
TERRI BOVA, INDIVIDUALLY AND D/B/A JACK'S PLACE BAR & GRILL, AND,
JACK'S PLACE BAR & GRILL, DEFENDANTS.

The opinion of the court was delivered by: Murphy, District Judge:

ORDER REOPENING CASE, VACATING JUDGMENT, AND ORDER FOR STATUS

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 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 pre-existing 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status update shall also include their position on the Plaintiff's motion for summary judgment (i.e. should it be withdrawn, does Plaintiff wish to pursue the motion, etc.).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.

G. PATRICK MURPHY United States District Judge

20130214

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