Liberty Media Holdings LLC v. Vinigay.com et al

Filing 41

ORDER re 39 Response to Order to Show Cause: IT IS ORDERED that the Court's Order to Show Cause, issued November 21, 2011, doc. 38, is hereby DISCHARGED. IT IS FURTHER ORDERED that Plaintiff's request for leave to supplement the reco rd, doc. 39, is GRANTED. Plaintiff's Response to Order to Show Cause and the attached Declaration of Brian Dunlap, doc. 39-1 at 1-2, are hereby deemed part of the default damages record. IT IS FURTHER ORDERED that Plaintiffs Application for Entry of Default Judgment, doc. 24, remains under advisement for ruling. (See document for details). Signed by Magistrate Judge Lawrence O Anderson on 11/30/11. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Liberty Media Holdings, LLC,

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Plaintiff,
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vs.
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Vinigay.com; Gustavo Paladeski; Vinicius)
Alves,
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Defendants.
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No. CV-11-0280-PHX-LOA
ORDER

The Court has received Plaintiff’s timely Response to Order to Show Cause. (Doc.

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39) Upon review of Plaintiff’s Response, the Court construes it also be a request for

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leave to supplement the record.

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A district court has wide discretion to grant a party leave to supplement the record

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upon request in order that the court may obtain accurate information when making its

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ruling. LimoStars, Inc. v. New Jersey Car and Limo, Inc., 2011 WL 3471092, * 3 n. 5

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(D.Ariz. August 8, 2011) (granting leave to supplement record after default damages

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hearing) (citing United States v. Maris, 2011 WL 468554, * 5 n. 5 (D.Nev. Feb. 4, 2011)

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(granting leave to file supplemental materials after motions were filed and a hearing held

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on a motion for summary judgment); Mitchel v. Holder, 2010 WL 816761, * 1 n. 1

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(N.D.Cal. Mar. 9, 2010) (granting leave to file supplemental memorandum concerning

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newly obtained evidence); Lumsden v. United States, 2010 WL 2232946, * 1 (E.D.N.C.

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June 3, 2010) (granting party leave to submit additional newly discovered evidence).

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With dual goals of determining the truth and achieving justice when Plaintiff has

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been denied any discovery due to Defendants’ default, the Court finds good cause to grant

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Plaintiff’s request for leave to supplement the record herein.

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Accordingly,

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IT IS ORDERED that the Court’s Order to Show Cause, issued November 21,

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2011, doc. 38, is hereby DISCHARGED.

IT IS FURTHER ORDERED that Plaintiff’s request for leave to supplement the

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record, doc. 39, is GRANTED. Plaintiff’s Response to Order to Show Cause and the

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attached Declaration of Brian Dunlap, doc. 39-1 at 1-2, are hereby deemed part of the

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default damages record.
IT IS FURTHER ORDERED that Plaintiff’s Application for Entry of Default
Judgment, doc. 24, remains under advisement for ruling.

Dated this 30th day of November, 2011.

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