Joe Hand Promotions, Inc. v. Washington

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/26/12 ORDERING the hearing date of 10/31/12 on plaintiff's motion for a default judgment is vacated. 15 Motion for Default Judgment is denied without prejudice. The entry of default 9 is vacated. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOE HAND PROMOTIONS, INC.,

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Plaintiff,

No. 2:11-cv-1213 KJM CKD

vs.
CEDRIC WASHINGTON,
Defendant.

ORDER
/

Plaintiff’s motion for default judgment is pending before the court. Default was

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entered against defendant on August 23, 2011. Dkt. No. 9. The proof of service, upon which

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default was entered, indicates that defendant was served by substituted service at an address of

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254 Redstone Circle, Suisun City, CA 94585. Dkt. No. 7. The process server indicated on the

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proof of service that the “[b]usiness address was not known at the time of service.” This

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averment is plainly contradicted by the allegations of the complaint, which sets forth defendant’s

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business address. See Dkt. No. 1 at ¶ 7. A review of the WestLaw PeopleFinder database

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indicates that although a Cedric Marvell Washington resides at the Suisun City address, there is

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also an individual listed with that same name having an address of 6590 Stockton Blvd.,

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Sacramento, CA 95823, which is the address alleged in the complaint as the location of the

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infringing business. There is no connection evident, either on the record before the court or in
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the WestLaw database, between these two individuals or any indication that they are one and the

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same. In the absence of further evidence that defendant has been properly served, the court

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cannot recommend entry of default judgment.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing date of October 31, 2012 on plaintiff’s motion for default

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judgment is vacated.

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2. The motion for default judgment (Dkt. No. 15) is denied without prejudice.

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3. The entry of default (Dkt. No. 9) is vacated.

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Dated: September 26, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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joehand-washington1213.def

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