Simpson v. Interscope Geffen A&M Records

Filing 20

ORDER DENYING Plaintiff's Motion for Default Judgment and Motion to Set Aside Judgment 12 , 14 , signed by Magistrate Judge Dennis L. Beck on 1/8/10. (Hellings, J)

1 2 3 4 5 6 7 8 9 Plaintiff, 10 v. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff Jerry Simpson, a state prisoner proceeding pro se, filed the instant copyright infringement action in the Stanislaus County Superior Court on October 4, 2009. Defendant removed the action to this Court on November 3, 2009. On November 10, 2009, Defendant filed a motion to dismiss the action for failure to state a claim for which relief can be granted. The motion is currently pending. On December 17, 2009, Plaintiff filed a motion for default judgment. As Defendant has appeared in this action, however, default judgment is not appropriate and the motion is DENIED. On January 6, 2010, Plaintiff filed a motion to set aside a void judgment. However, judgment has not been entered in this action and his motion is therefore DENIED. IT IS SO ORDERED. Dated: 3b142a Defendants. INTERSCOPE GEFFEN A&M RECORDS, JERRY SIMPSON, JR.,

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09cv01931 AWI DLB ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND MOTION TO SET ASIDE JUDGMENT (Documents 12, 14)

January 8, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE