Natural Fashions, Inc. v. Best of Kashmir

Filing 34

ORDER signed by District Judge Morrison C. England, Jr. on 7/19/2016 finding that the time to file a Motion under F.R.Cv.P. Rule 60(b) re 33 USCA Order has expired; ORDERING the defendants to file their opening brief in the Ninth Circuit within seven (7) days. (cc: Appeals Court - Ninth Circuit) (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATURAL FASHIONS, INC.,

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No. 2:15-cv-00033-MCE-CMK

Plaintiff,
v.

ORDER

BEST OF KASHMIR, et al.,
Defendants.

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This is a copyright infringement case in which the Court entered a default

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judgment on March 30, 2016. ECF Nos. 25, 26. Defendants filed a Notice of Appeal on

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April 28, 2016, and then filed a Motion for Reconsideration on May 2, 2016. ECF Nos.

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27, 29. Because of the pendency of the appeal, the Court lacked jurisdiction over the

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Motion for Reconsideration. ECF No. 30 at 2. The Court nonetheless indicated its

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willingness to hear a Rule 60(b) motion, allowed Defendants to apply to the Ninth Circuit

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for a limited remand, and specifically ordered Defendants to file their “Rule 60(b) motion

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not later than twenty (20) days after the remand order is filed or the motion will be

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summarily denied.” Id. at 3.

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Although the Ninth Circuit issued its limited remand order on June 24, 2016,

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Defendants have declined to file a Rule 60(b) motion for this Court’s consideration.

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Accordingly, Defendants have failed to comply with this Court’s deadline for filing a
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Rule 60(b) motion. There being nothing for the Court to consider, Defendants are

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HEREBY ORDERED to file their opening brief in the Ninth Circuit within seven (7) days

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from the date this order is electronically filed in accordance with that court’s order. ECF

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No. 33.

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IT IS SO ORDERED.
Dated: July 19, 2016

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