SNUBA International v. Green et al

Filing 16

ORDER signed by Magistrate Judge Deborah Barnes on 12/5/2016 ORDERING 14 the hearing on Plaintiff's Motion for Default Judgment is CONTINUED to 1/6/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; Plaintiff shall file a Supplemental Brief, no longer than 10 pages, addressing the court's ability to exercise personal jurisdiction over the defendants, due by 12/23/2016. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SNUBA INTERNATIONAL, INC., a
Nevada Corporation,
Plaintiff,

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ORDER
v.

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No. 2:16-cv-1834 KJM DB

KIRK GREEN, AN INDIVIDUAL, and
WHEELS-2-GO LLC, a Florida Limited
Liability Company,

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Defendants.

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On November 4, 2016, plaintiff filed a motion for default judgment. (ECF No. 14.) That

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motion is scheduled for hearing before the undersigned on December 8, 2016. However, the

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undersigned has determined that further briefing would be beneficial prior to the hearing of

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plaintiff’s motion. Accordingly, the hearing of plaintiff’s motion will be continued to January 6,

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2017.

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In this regard, plaintiff is directed to address the court’s exercise of personal jurisdiction

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over the defendants. See generally Walden v. Fiore, 134 S.Ct. 1115, 1123 (2014) (“A forum

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State’s exercise of jurisdiction over an out-of-state intentional tortfeasor must be based on

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intentional conduct by the defendant that creates the necessary contacts with the forum.”); Picot

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v. Weston, 780 F.3d 1206, 1212 (9th Cir. 2015) (“For claims sounding in tort, we instead apply a
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‘purposeful direction’ test and look to evidence that the defendant has directed his actions at the

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forum state, even if those actions took place elsewhere.”); CytoSport, Inc. v. Monster Muscle,

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Inc., No. 2:11-cv-1147 WBS DAD, 2013 WL 268742, at *4 (E.D. Cal. Jan. 23, 2013) (“Plaintiff’s

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complaint simply asserts that defendant’s actions constitute intentional infringement and that

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jurisdiction is proper in California because that is where plaintiff, holder of the trademarks, was

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harmed. Such general allegations, however, are insufficient to establish that defendant’s conduct

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was expressly aimed at California.”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The December 8, 2016 hearing of plaintiff’s motion for default judgment (ECF No. 14)

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is continued to January 6, 2017, at 10:00 a.m. in courtroom number 27 before the undersigned;

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and

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2. On or before December 23, 2016, plaintiff shall file a supplemental brief, no longer

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than 10 pages, addressing the court’s ability to exercise personal jurisdiction over the defendants.

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DATED: December 5, 2016.

DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:6
DB\orders\orders.civil\snuba1834.pers.jx.cont.ord

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