BWP Media USA Inc v. Love From Australia LLC

Filing 24

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Beverly Reid O'Connell. Plaintiff is ORDERED to lodge a declaration in accordance with Local Rule 55-1 no later than Friday, July 11, 2014, at 9:00 a.m. IT IS SO ORDERED. (jloz)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 13-05320 BRO (CWx)

Title

BWP MEDIA USA INC. v. LOVE FROM AUSTRALIA LLC

Date

July 10, 2014

Present: The Honorable

BEVERLY REID O’CONNELL, United States District Judge

Julieta Lozano

Not Present

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

ORDER TO SHOW CAUSE
On July 22, 2013, Plaintiff BWP Media USA Inc. filed a complaint for copyright
infringement. (Dkt. No. 1.) After several failed attempts at serving Defendant, Plaintiff
requested permission to serve the Secretary of State of the State of California. (Dkt. No.
14.) The Court granted permission. (Dkt. No. 17.) Plaintiff served the Secretary of State
on January 21, 2014. (Dkt. No. 19.) Defendant has yet to appear in this action.
Consequently, Plaintiff obtained a default against Defendant and now moves for default
judgment. (Dkt. No. 23.)
Local Rule 55 regards default judgment. Particularly, Local Rule 55-1 requires a
plaintiff seeking default judgment to file a declaration setting forth five things: (1) “When
and against what party the default was entered”; (2) “The identification of the pleading to
which default was entered”; (3) “Whether the defaulting party is an infant or incompetent
person, and if so, whether the person is represented by a general guardian, committee,
conservator or other representative”; (4) “That the Servicemembers Civil Relief Act (50
U.S.C. App. § 521 does not apply”; and (5) “That notice has been served on the
defaulting party, if required by F.R.Civ.P. 55(b)(2).” C.D. Cal. L.R. 55-1.
In his declaration, plaintiff counsel Craig Sanders fails to directly set forth the
information required under Local Rule 55-1. The Court acknowledges that it can infer
some of the information. But two obvious omissions from his declaration are the local
rule’s third and fourth requirements. The Court cannot properly assess whether to grant
default judgment without this information in the form of a declaration.

CV-90 (06/04)

CIVIL MINUTES – GENERAL

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LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 13-05320 BRO (CWx)

Title

BWP MEDIA USA INC. v. LOVE FROM AUSTRALIA LLC

Date

July 10, 2014

Accordingly, Plaintiff is ORDERED to lodge a declaration in accordance with
Local Rule 55-1 no later than Friday, July 11, 2014, at 9:00 a.m.

:

IT IS SO ORDERED.
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES – GENERAL

jloz

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