J & J Sports Productions, Inc. v. Cal City Post No. 476, The American Legion, Department of California

Filing 22

ORDER to SHOW CAUSE signed by Magistrate Judge Jennifer L. Thurston on 5/25/2011. Show Cause Response due by 6/8/2011. (Leon-Guerrero, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

) Case No.: 1:10-cv-00762 AWI JLT
)
) ORDER TO SHOW CAUSE WHY THE
Plaintiff,
) ACTION SHOULD NOT BE DISMISSED
v.
)
)
)
CAL CITY POST NO. 476,
)
THE AMERICAN LEGION, et al.,
)
)
)
Defendants.
)
_______________________________________ )
J & J Sports Productions, Inc. (“Plaintiff”) commenced this action on April 30, 2010 against

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California City Post No. 476, The American Legion, Department of California, doing business as Cal

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City American legion, post 476 and also known as Harry V. Bailey, Sr. American Legion Post 476.

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(Doc. 1). Plaintiff alleged violations of 47 U.S.C. 47 U.S.C. § 605, et seq.; 47 U.S.C. § 533, et seq.;

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and the California Business and Professions Code § 17200, et seq. In addition, Plaintiff alleged

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Defendant was liable for wrongful conversion of property, arising under California State law. Pl.’s

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(Doc. 1at 3-7).

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On September 8, 2010, Plaintiff moved for the entry of default judgment. (Docs. 13, 14) The

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motion was recommended to be denied on October 27, 2010 because the evidence submitted by

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Plaintiff J&J demonstrated that G&G Closed Circuit Events, rather than J&J, was the sole legal

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licensor of the program at issue. (Doc. 20) Though this error was pointed out in the findings and
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recommendations, Plaintiff took no steps to correct the state of the evidence and/or pleadings. On

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November 23, 2010, the District Judge adopted the Findings and Recommendations in full, finding

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Plaintiff was neither a “person aggrieved” under 47 U.S.C. § 605 nor a party holding exclusive

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ownership rights to be enforced under a claim of conversion. (Doc. 21 at 2). Rather, Plaintiff

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demonstrated another company held the right to license broadcasting of the program at issue. Id.

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Since that time, Plaintiff has taken no steps to resubmit its motion for default judgment

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supported by evidence that clarified the record, to correct its pleadings or to otherwise prosecute the

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matter. Therefore,

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1.

Plaintiff is ORDERED to show cause within 14 days of service of this order, why the

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entry of default should not be set aside and the matter dismissed or, in the alternative,

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Plaintiff SHALL renew its motion for default judgment supported by evidence that

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demonstrates that it, rather than G&G Closed Circuit Events, is entitled to the relief

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sought;

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2.

Plaintiff is warned that its failure to comply with the Court’s order may result in
dismiss of the action pursuant to Local Rule 110.

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IT IS SO ORDERED.

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Dated: May 25, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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