J&J Sports Productions, Inc. v. Miranda

Filing 37

ORDER Regarding Supplemental Information re 35 Renewed MOTION for Default Judgment. Signed by Magistrate Judge Donna M. Ryu on 04/20/2011. (dmrlc1, COURT STAFF) (Filed on 4/20/2011)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 J & J SPORTS PRODUCTIONS, INC., 12 Plaintiff, 13 14 15 No. C-10-1810-JSW (DMR) ORDER REGARDING SUPPLEMENTAL INFORMATION v. ROMARICO SALVADOR MIRANDA, et al., Defendants. ___________________________________/ 16 17 18 Having reviewed Plaintiffs’ renewed Motion for Default Judgment (Docket No. 35), this 19 Court hereby orders Plaintiffs to submit supplemental information in support of the Motion as 20 follows, no later than May 4, 2011: A further declaration clarifying which entity or entities may 21 license the event at issue. See J & J Sports Productions, Inc. v. Cal City Post No. 476, No. 10-cv- 22 0762 AWI, 2010 WL 4898484 (E.D. Cal. Nov. 23, 2010) (default judgment denied where plaintiff 23 did not demonstrate that it had the right to license broadcasting of program allegedly pirated). As 24 “facts which are not established by the pleadings...or claims which are not well-pleaded, are not 25 binding and cannot support the [default] judgment,” any additional facts attested to in Plaintiff’s 26 supplemental declaration shall be subject to further examination by the Court. See Danning v. 27 Lavine, 572 F.2d 1386, 1388 (9th Cir. 1978). 28 Immediately upon receipt of this Order, Plaintiffs shall serve a copy of this Order on 1 Defendants Romarico Salvador Miranda, et al. and shall e-file a proof of service on the same day 2 that service is effected. At the same time Plaintiff’s supplemental information as ordered herein is 3 submitted to the Court, Plaintiff shall serve Defendants with a copy of the supplemental information 4 and file a proof of service with the Court. 5 6 IT IS SO ORDERED. Dated: April 20, 2011 7 DONNA M. RYU United States Magistrate Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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