J & J Sports Productions, Inc. v. Salim et al

Filing 49

ORDER signed by Magistrate Judge Allison Claire on 6/27/2014 ORDERING 43 that the 7/2/2014 hearing on plaintiff's motion for default judgment is VACATED; and plaintiff's motion for default judgment is DENIED without prejudice to its renewal with supporting documents consistent with the allegations in the pleading. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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No. 2:11-cv-2440 GEB AC

Plaintiff,
v.

ORDER

HUMBERTO LEON SANCHEZ, JR.,

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Defendant.

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Pending before the court is plaintiff’s motion for default judgment against defendant

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Humberto Leon Sanchez, Jr. The Court has determined that this matter shall be submitted on the

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papers and accordingly the date for hearing shall be vacated. E.D. Local Rule 230. Upon review

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of the motion and the supporting documents, and good cause appearing, THE COURT FINDS AS

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FOLLOWS:

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On September 15, 2011, plaintiff initiated this suit and is proceeding on a first amended

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complaint against defendant Sanchez, individually and d/b/a Discoteca Sanchez (“the

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establishment”). Plaintiff’s operative pleading identifies the address of the establishment as 1

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South Wilson Way, Stockton, California 95205. See First. Am. Compl. at 9. However,

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plaintiff’s application for default judgment and the supporting declaration from plaintiff’s

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investigator identifies the address of the establishment as 678 North Wilson, Stockton, California

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95205. See Pl.’s Not. of Appl. and Appl. Def. J., ECF No. 43 at 2; Affiant Decl., ECF No. 43-3

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at 2. As these are clearly distinct addresses and it is unclear whether plaintiff’s investigator
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actually visited the establishment identified in the first amended complaint, plaintiff’s motion will

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be denied without prejudice to its renewal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 2, 2014 hearing on plaintiff’s motion for default judgment is vacated; and

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2. Plaintiff’s motion for default judgment (ECF No. 43) is denied without prejudice to its

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renewal with supporting documents consistent with the allegations in the pleading.

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DATED: June 27, 2014

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