Fashion Avenue Sweater Knits, LLC v. A'Gaci, L.L.C. et al

Filing 124

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DISMISS FOR MISJOINDER ALL BUT THE FIRST NAMED DEFENDANT by Judge Cormac J. Carney. Plaintiff is ORDERED to show cause why the Court should not dismiss for misjoinder all but the first named defendant. Plaintiff shall file its response by Friday, October 23, 2020. Defendants may submit a response by the same deadline. (et)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 20-07165-CJC(JEMx)

Date: October 13, 2020

Title: FASHION AVENUE SWEATER KNITS, LLC V. A’GACI, LLC, ET AL.

PRESENT:
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Cheryl Wynn
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

None Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THE
COURT SHOULD NOT DISMISS FOR MISJOINDER ALL BUT THE FIRST
NAMED DEFENDANT
Plaintiff Fashion Avenue Sweater Knits, LLC, filed this copyright infringement
action against Defendants A’Gaci, LLC, Carol’s Fashions, DJ’s Ladies Apparel Corp.,
Ross Merchandising, Inc., Dillard’s, Inc., Gabriel Brothers, Inc., Importadora Maduro
S.A., McCaulou’s, Inc., Minneapolis Rag Stock Company, PCX, Inc., The Portland
Merchandise Corp., R.H. Reny, Inc., Regine’s Originals, Inc., Specialty Retailers, Inc.,
Spencer Spirit Holdings, Inc., Synergy Sportswear, Inc., The TJX Companies, VF Outlet,
Inc., Dr. Jay’s, Inc., and unnamed Does. (Dkt. 1 [Complaint, hereinafter “Compl.”].)
Plaintiff is a clothing designer and manufacturer that owns the copyrights to
several textile designs. (Id. ¶ 30.) Plaintiff alleges that Defendants infringed upon these
copyrights by advertising, distributing, or selling garments featuring designs that are
substantially similar to Plaintiff’s copyrighted designs. (Id. ¶ 62.) Plaintiff further
alleges that Defendants have all purchased the allegedly infringing garments from the
same distributor—Poof Apparel Corp. (Id. ¶ 33.)
Under the Federal Rules of Civil Procedure, 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

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 20-07165-CJC(JEMx)

Date: October 13, 2020
Page 2

defendants will arise in the action.” Fed. R. Civ. P. 20(a)(2)(A–B). When defendants are
improperly joined, “the Court may dismiss all but the first named defendant without
prejudice so that separate suits may be filed against the dropped defendants.” Star
Fabrics, Inc. v. Ross Stores, Inc., 2015 WL 12732424, at *4 (C.D. Cal. Mar. 20, 2015)
(citing Fed. R. Civ. P. 21); see Coughlin v. Rogers, 130 F.3d 1348, 1351 (9th Cir. 1997)
(affirming the district court’s dismissal of all but the first named plaintiff for misjoinder).
Here, Plaintiff’s claims against Defendants do not appear to arise out of the same
transaction, occurrence, or series of transactions or occurrences. Accordingly, Plaintiff is
ORDERED to show cause why the Court should not dismiss for misjoinder all but the
first named defendant. Plaintiff shall file its response by Friday, October 23, 2020.
Defendants may submit a response by the same deadline.
gl
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk CW