J & J Sports Productions, Inc. v. Aranda

Filing 17

ORDER Construing Defendant's Letter as a Motion to Set Aside Default and Ordering Plaintiff to File Response 16 , signed by Magistrate Judge Barbara A. McAuliffe on 5/20/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J&J SPORTS PRODUCTIONS, INC.,

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Plaintiff,
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v.
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RUBEN GARCIA ARANDA d/b/a EL
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CACHANILLA POOL HOUSE,
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Defendant.
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_____________________________________ )

Case No. 1:12-cv-1508-AWI-BAM
ORDER CONSTRUING DEFENDANT’S
LETTER AS A MOTION TO SET ASIDE
DEFAULT AND ORDERING PLAINTIFF
TO FILE A RESPONSE
(Doc. 16)

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On March 26, 2013, J&J Sports Production, Inc. (“Plaintiff”) filed a complaint alleging that

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Defendant Ruben Garcia Aranda (“Defendant”) unlawfully intercepted and exhibited the closed-

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circuit program “Star Power: Floyd Mayweather, Jr. v. Victor Ortiz, WBO Welterweight

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Championship Fight Program” at his commercial establishment, El Cachanilla Pool House (“El

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Cachanilla”), located at 1501 Tulare Street in Fresno, California. The Summons and Complaint were

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served on Defendant by personal service on November 25, 2012. (Doc. 7). Defendant did not answer

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the complaint, and the Clerk of the Court entered default against Defendant on January 16, 2013.

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On March 26, 2013, Plaintiff filed a motion for default judgment requesting that the Court

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enter a judgment against Plaintiff for damages in the amount of $112,200.00. (Doc. 11-4).1 On May

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On May 13, 2013, the Court issued Findings and Recommendations, granting Plaintiff’s motion for
default judgment in part, and recommending that the Court issue Plaintiff an award of $3,200.

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7, 2013, Defendant appeared in person and filed a letter with the Court stating that “he never showed

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the Mayweather v. Ortiz fight” at his establishment.” (Doc. 16). The Court construes this document

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as a motion by pro se defendant to set aside the Clerk’s entry of default and answer to the Complaint.

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Plaintiff will be allowed an opportunity to respond to Defendant’s letter. See Franchise Holding II,

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LLC v. Huntington Rests. Group, Inc., 375 F.3d 922, 926 (9th Cir. 2004). Plaintiff’s opposition to

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Defendant’s motion is due on or before June 7, 2013.

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Plaintiff is ordered to serve a copy of its response on Defendant Ruben Garcia Aranda at
2522 S. 10th Street Fresno, CA 93725.
IT IS SO ORDERED.
Dated:
10c20k

May 20, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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