The Echo Design Group, Inc v. Textiles From Europe, Inc. et al

Filing 18

ORDER TO SHOW CAUSE by Judge Percy Anderson: The Court therefore orders Plaintiff to show cause in writing, no later than May 31, 2016, why one or more defendants should not be dropped from this case for improper joinder. Please refer to the Court's order for specifics. (cr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 16-2565 PA (Ex)

Title

The Echo Design Group, Inc. v. Textiles From Europe, Inc., et al.

Present: The Honorable

Date

May 17, 2016

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Stephen Montes Kerr

None

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

ORDER TO SHOW CAUSE

The Court has reviewed the Complaint filed by plaintiff The Echo Design Group, Inc.
(“Plaintiff”) against defendants Textiles From Europe, Inc., Macys, Inc., Bed Bath and Beyond, Inc., The
Bon-Ton Stores, Inc., Sears Holding Corporation, and Kohls Corp. (collectively “Defendants”). (Docket
No. 1.) The Complaint alleges that Plaintiff owns an original two-dimensional artwork which is used
primarily for textile printing and is registered with the United States Copyright Office. (Compl. ¶ 13.)
Defendants allegedly “distributed and/or sold fabric and/or products featuring a design that is
substantially similar to” Plaintiff’s copyrighted work. (Id. ¶ 15.) Each allegedly infringing product was
manufactured by or for defendant Textiles From Europe, Inc., and sold by one of the other defendants.
(Id.)
Federal Rule of Civil Procedure 20(a)(2), which allows for permissive joinder, provides:
Persons . . . may be joined in one action as defendants if:
(A) any right to relief is asserted against them jointly, severally, or
in the alternative with respect to or arising out of the same
transaction, occurrence, or series of transactions or occurrences;
and
(B) any question of law or fact common to all defendants will arise
in the action.
Fed. R. Civ. Proc. 20(a)(2) (emphasis added); see also League to Save Lake Tahoe v. Tahoe Regional
Planning Agency, 558 F.2d 914, 917 (9th Cir. 1977). “The first prong, the ‘same transaction’
requirement, refers to similarity in the factual background of a claim.” Coughlin v. Rogers, 130 F.3d
1348, 1350 (9th Cir. 1997).
Based on the factual allegations in the Complaint, it does not appear that there is a question of
fact or law common to all Defendants, nor is it clear that Plaintiff’s claims arise out of the same
transaction or occurrence. No facts are alleged in the Complaint to satisfy Rule 20(a)(2). See, e.g., Star

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 16-2565 PA (Ex)

Date

Title

May 17, 2016

The Echo Design Group, Inc. v. Textiles From Europe, Inc., et al.

Fabrics, Inc. v. Sears Roebuck & Co., 2013 U.S. Dist. LEXIS 49204 (C.D. Cal. Apr. 4, 2013) (Order to
Show Cause).
The Court therefore orders Plaintiff to show cause in writing, no later than May 31, 2016, why
one or more defendants should not be dropped from this case for improper joinder. See Fed. R. Civ. P.
18, 20, 21; see also Coughlin, 130 F.3d at 1351 (finding misjoinder where “[e]ach claim raises
potentially different issues, and must be viewed in a separate and individual light by the Court.”).
In response to this Order to Show Cause, Plaintiff may, if it so chooses, dismiss all Defendants
except for Textiles From Europe, Inc. and one retailer. Plaintiff may then, if it so chooses, file separate
actions against the dismissed defendants, with new complaints and filing fees.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 2