Roach v. Tate Publishing & Enterprises, LLC et al

Filing 63

ORDER ADDRESSING STATUS REPORT. As the stay of this action has been lifted, Plaintiff is no longer required to file status reports. In the current status report, Plaintiff indicates that she is working on a motion for default judgment. The Court not es that, although this action was brought against Defendant Tate Music Group, the request for entry of default did not address Defendant Tate Music Group. Plaintiff is advised that she will be required to address Defendant Tate Music Group prior to entry of judgment in this action. Signed by Magistrate Judge Stanley A. Boone on 6/14/2017. (Hernandez, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TERRI HAYNES ROACH, Plaintiff, 12 13 14 Case No. 1:15-cv-00917-SAB ORDER ADDRESSING STATUS REPORT v. (ECF No. 62) TATE PUBLISHING & ENTERPRISES, LLC, et al., 15 Defendants. 16 17 18 Plaintiff filed this action on June 15, 2015, against Defendants Tate Publishing & Enterprises, 19 LLC; Tate Music Group; and Richard Tate alleging copyright infringement. (ECF No. 1.) On 20 August 28, 2015, an order issued granting Defendants’ motion to compel arbitration and this action 21 was stayed. (ECF No. 24.) The parties were thereafter ordered to file a status report every ninety 22 days until the stay of the action was lifted. (ECF No. 28.) After Defendants’ failed to comply with 23 the arbitration requirements, the stay in this action was lifted. (ECF No. 51.) 24 On April 19, 2017, defense counsel’s motion to withdraw as counsel of record was granted; 25 and Defendants’ were ordered to obtain new counsel for the entity defendants and file a responsive 26 pleading by May 22, 2017. (ECF No. 58.) After Defendants failed to file an answer in compliance 27 with the April 19, 2017 order, an order issued requiring Plaintiff to either show cause why this 28 1 1 action should not be dismissed for failure to prosecute or file a request for entry of default. (ECF 2 No. 59.) On June 9, 2017, Plaintiff filed a request for entry of default as to Richard Tate and Tate 3 4 Publishing & Enterprises, LLC. (ECF No. 62.) On June 12, 2017, the Clerk entered default 5 against Defendants Richard Tate and Tate Publishing & Enterprises, LLC. (ECF No. 61.) On 6 June 13, 2017, Plaintiff filed a status report. (ECF No. 62.) As the stay of this action has been lifted, Plaintiff is no longer required to file status 7 8 reports. In the current status report, Plaintiff indicates that she is working on a motion for default 9 judgement. The Court notes that, although this action was brought against Defendant Tate Music 10 Group, the request for entry of default did not address Defendant Tate Music Group. Plaintiff is 11 advised that she will be required to address Defendant Tate Music Group prior to entry of 12 judgment in this action. 13 14 IT IS SO ORDERED. 15 Dated: June 14, 2017 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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