JITRADE, Inc. v. Zulily, LLC et al

Filing 11

(IN CHAMBERS) Order re: Dismissal by Judge R. Gary Klausner. On May 17, 2017, Plaintiff filed a complaint against Defendant alleging claims for copyright infringement, vicarious copyright infringement, and contributory copyright infringement. This case, 17-cv-0341-RGK-PLA ("Case 1"), involved two-dimensional graphic artwork, JIC-28, SND 1505_32A, and JIC-68, for use on textiles and garments. On October 16, 2017, Case 1 was dismissed for lack of prosecution after Plaintiff failed to appear at a scheduling conference, then failed to appear for an Order to Show Cause Why Case Should Not be Dismissed for Lack of Prosecution. Pursuant to Fed. R. Civ. P 41(b), such a dismissal operates as an adjudication on the merits. On January 3, 2018, Plaintiff filed the current action against Defendant alleging same claims, based on the same alleged copyrights. This action appears identical to Case 1. Based on the prior dismissal for lack of prosecution, the Court finds the current action an improper refiling of an action that has already been dismissed on the merits. The Court sua sponte dismisses this action. Case Terminated. Made JS-6. (pso)

JS-6

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

2:18-cv-00070-RGK-PLA

Title

JITRADE, INC. v. ZULILY, LLC, et al

Present: The
Honorable

Date

January 10, 2018

R. GARY KLAUSNER, UNITED.STATES DISTRICT JUDGE

Sharon L. Williams

Not Reported

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) Order re: Dismissal

On May 17, 2017, Plaintiff filed a complaint against Defendant alleging claims for
copyright infringement, vicarious copyright infringement, and contributory copyright
infringement. This case, 17-cv-0341-RGK-PLA (“Case 1”), involved two-dimensional graphic
artwork, JIC-28, SND 1505_32A, and JIC-68, for use on textiles and garments. On October 16,
2017, Case 1 was dismissed for lack of prosecution after Plaintiff failed to appear at a scheduling
conference, then failed to appear for an Order to Show Cause Why Case Should Not be
Dismissed for Lack of Prosecution. Pursuant to Fed. R. Civ. P 41(b), such a dismissal operates as
an adjudication on the merits.
On January 3, 2018, Plaintiff filed the current action against Defendant alleging same
claims, based on the same alleged copyrights. This action appears identical to Case 1. Based on
the prior dismissal for lack of prosecution, the Court finds the current action an improper refiling
of an action that has already been dismissed on the merits.

CV-90 (06/04)

CIVIL MINUTES - GENERAL
Page 1 of 2

JS-6

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

2:18-cv-00070-RGK-PLA

Date

Title

January 10, 2018

JITRADE, INC. v. ZULILY, LLC, et al

The Court sua sponte dismisses this action.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL
Page 2 of 2