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)

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