Malibu Media, LLC v. John Doe subscriber assigned IP address 73.41.243.169

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 1/12/17 ORDERING that Plaintiff's pending Motion for Default 23 is DENIED WITHOUT PREJUDICE. The 2/23/17 hearing before Magistratre Judge Kendall J. Newman is VACATED. Upon resolution of defendant's MOTION to quash/dismiss by Judge Mendez, Plaintiff may renew its motion for default judgment, if appropriate. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MALIBU MEDIA, LLC,

12

Plaintiff,

13
14

No. 2:16-cv-344 JAM KJN

v.

ORDER

MATTHEW MOMSEN,

15

Defendant.

16
Presently pending before the court is plaintiff’s motion for default judgment, which is

17
18

presently set for hearing on February 23, 2017. (ECF No. 23.)1
On January 11, 2017, defendant appeared through counsel and filed a motion to quash

19
20

service of process and dismiss the complaint before the assigned district judge, Judge Mendez.

21

(ECF No. 27.) That motion is presently set for hearing on February 28, 2017.
In light of the above, the court finds it appropriate to deny plaintiff’s motion for default

22
23

judgment without prejudice at this juncture. If Judge Mendez grants the motion to quash/dismiss,

24

a matter as to which the undersigned expresses no opinion, plaintiff’s pending motion may be

25

moot. As such, the interests of judicial economy and efficiency would be served by only

26
27

1

The motion was noticed before the undersigned pursuant to Local Rule 302(c)(19), which refers
motions for default judgment to the assigned magistrate judge.

28
1

1

considering a motion for default judgment after Judge Mendez rules on the motion to

2

quash/dismiss.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. Plaintiff’s pending motion for default judgment (ECF No. 23) is DENIED WITHOUT

5

PREJUDICE.

6

2. The February 23, 2017 hearing before the undersigned is VACATED.

7

3. Upon resolution of defendant’s motion to quash/dismiss by Judge Mendez, plaintiff

8
9

may renew its motion for default judgment, if appropriate.
IT IS SO ORDERED.

10
11

Dated: January 12, 2017

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2