J&J Sports Productions, Inc. v. Garner et al

Filing 17

ORDER finding as moot 13 Motion to Set Aside Default, as set forth. The Court will enter an Initial Scheduling Order in this case setting forth deadlines regarding the Rule 26 conference. Signed by Honorable Paul K. Holmes, III on July 19, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
J&J SPORTS PRODUCTIONS, INC.
as Broadcast Licensee of the
May 1, 2010 Mayweather/Mosley
Broadcast
v.

PLAINTIFF

Case No. 2:11-CV-02016

WILLIAM R. GARNER, JR.,
Individually and as officer,
director, shareholder and/or
principal of Port City Athletic
Club, Inc. d/b/a Hangin Judge
Saloon; and PORT CITY ATHLETIC
CLUB, INC. d/b/a Hangin Judge
Saloon

DEFENDANTS

ORDER
Plaintiff J&J Sports Productions, Inc. (“J&J”) brought this
action

alleging

individually

and

that
as

Defendants
officer,

William

director,

R.

Garner,

shareholder,

Jr.,
and/or

principal of Port City Athletic Club, Inc. d/b/a Hangin Judge
Saloon (“Garner”), and Port City Athletic Club, Inc. d/b/a Hangin
Judge Saloon, knowingly and willfully violated the Communications
Act of 1934, as amended, 47 U.S.C. §§ 553 and 605, by unlawfully
intercepting and exhibiting the Mayweather/Mosley Program (“the
Program”) on May 1, 2010. Defendants failed to timely appear in
this action, and the Clerk entered default (Doc. 10) against both
Defendants on March 17, 2011. The Court granted J&J’s subsequent
Motion for Default Judgment by Order entered May 26, 2011. (Doc.
12). On June 20, 2011, Garner filed a Motion to Set Aside Default
(Doc. 13), alleging improper service by J&J. On June 29, 2011, the
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parties filed a joint stipulation agreeing that Defendants “shall
file their Answer within fourteen (14) days . . . and agree to
waive any personal jurisdictional defenses.” J&J further consented
to set aside the default judgment entered in its favor upon
Defendants’ filing their answer within the agreed upon time frame.
Defendants filed their Answer (Doc. 16) on July 13, 2011 - 14 days
after entry of the stipulation.
The Court now finds itself in an interesting position. Having
already secured a judgment in its favor, J&J now agrees to set
aside that judgment. The Court is generally hesitant to set aside
a judgment for which the Court has expended considerable time
reviewing and resolving the issues without a showing of good cause.
In this case, however, Defendants have raised the issue of improper
service

and

J&J,

instead

of

responding

to

the

Defendants’

allegations, simply agreed to set aside the judgment. While the
issue of whether Defendants were properly served is far from clear
from the record, the Court, based on the parties’ agreement,
declines to inquire further. IT IS THEREFORE ORDERED that the
stipulation of the parties is accepted insofar as the Default
Judgment entered against Defendants by the Court’s Order dated May
26, 2011 (Doc. 12) is SET ASIDE. Further, the Court takes notice
that Defendants have agreed to waive any personal jurisdiction
defenses. The Court will enter an Initial Scheduling Order in this
case setting forth deadlines regarding the Rule 26 conference.
Defendants’

Motion

to

Set

TERMINATED AS MOOT.

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Aside

Default

(Doc.

13)

is

IT IS SO ORDERED this 19th day of July 2011.

/s/Paul K. Holmes, III
PAUL K. HOLMES, III
UNITED STATES DISTRICT JUDGE

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