Golden Scorpio Corp v. Steel Horse Saloon I et al

Filing 57

ORDER directing Pla Show Cause as to why the Court should not dismiss Dfts Steel Horse Saloon IV, Steel-Horse.com, Steel Horse Grill and Saloon, and The Steel Horse Saloon II from the action for lack of personal jurisdiction. Plaintiff shall file a memorandum and the factual record supporting personal jurisdiction on or before 02/06/09. signed by Judge G Murray Snow on 01/27/09. (ESL)

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WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

GOLDEN SCORPIO CORP., an Arizona) ) corporation, ) ) Plaintiff, ) ) vs. ) ) ) STEEL HORSE SALOON I, et al., ) ) Defendants. )

No. CV-08-1781-PHX-GMS ORDER

Pending before the Court is the Motion for Default Judgment of Plaintiff Golden Scorpio Corp. (Dkt. # 49.) In the motion, Plaintiff requests an entry of judgment against defendants Steel Horse Saloon IV, Steel-Horse.com, Steel Horse Grill and Saloon, and The Steel Horse Saloon II. When considering whether to enter a default judgment, a court has "an affirmative duty to look into its jurisdiction over both the subject matter and the parties." In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999) ("To avoid entering a default judgment that can later be successfully attacked as void, a court should determine whether it has the power, i.e., the jurisdiction, to enter judgment in the first place."). "[W]hen a court is considering whether to enter a default judgment, it may dismiss an action sua sponte for lack of personal jurisdiction." Id. Where there are questions about the existence of personal jurisdiction, however, a court should allow the plaintiff the opportunity to establish that jurisdiction is proper. Id. at 713.

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IT IS THEREFORE ORDERED directing Plaintiff to show cause as to why the Court should not dismiss Defendants Steel Horse Saloon IV, Steel-Horse.com, Steel Horse Grill and Saloon, and The Steel Horse Saloon II from the action for lack of personal jurisdiction. Plaintiff shall file a memorandum and the factual record supporting personal jurisdiction on or before February 6, 2009. DATED this 27th day of January, 2009.

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