Joe Hand Promotions, Inc. v. Jones et al

Filing 20

ORDER Re Supplemental Briefing and/or Evidence. Signed by Judge Edward M. Chen on 11/7/2011. (emcsec, COURT STAFF) (Filed on 11/7/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOE HAND PROMOTIONS, INC.,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-11-1408 EMC

DANA MARIE JONES, et al.,

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ORDER RE SUPPLEMENTAL
BRIEFING AND/OR EVIDENCE

Defendants.
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Plaintiff Joe Hand Promotions, Inc. has filed suit against Defendants Dana Marie Jones and

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Our 2 Boys, Inc., asserting various claims related to Defendants’ alleged unlawful exhibition of a

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television program for which Plaintiff had exclusive distribution rights. Currently pending before

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the Court is Plaintiff’s motion for default judgment which is set for hearing on November 28, 2011.

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The Court has reviewed Plaintiff’s papers and, based on that review, is in need of supplemental

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briefing and/or evidence from Plaintiff.

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More specifically, the Court notes that Plaintiff’s investigator, Jeff Kaplan, submitted an

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affidavit in which he states that he observed, at Defendants’ establishment, the broadcast of UFC

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111, in which Jim Miller and Kurt Pellegrino were fighting. However, Plaintiff’s president, Joe

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Hand, states in another affidavit that Mr. Belo (not Mr. Kaplan) observed an undercard bout between

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Frank Mir and Shane Carwin (not between Jim Miller and Kurt Pellegrino). See Hand Decl. ¶ 7.

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Moreover, the UFC 111 results page appended to Mr. Hand’s declaration (which does not appear to

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be authenticated) reflects no bout between Mr. Miller and Mr. Pellegrino, as testified to by Mr.

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Kaplan. Rather, it appears that there was a bout between Mr. Miller and Mark Bocek and a separate

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bout between Mr. Pellegrino and Fabricio Camoss.

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Accordingly, the Court hereby orders Plaintiff to provide supplemental briefing to address

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the problems noted above. The Court also orders Plaintiff to properly authenticate the UFC 111

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results. Finally, the Court orders Plaintiff to clarify whether it is seeking a default judgment on the §

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553 claim in addition to the § 605 and conversion claims or whether it is seeking a default judgment

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on only the § 605 and conversion claims.

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The supplemental briefing shall be filed and served within a week of the date of this order.
A proof of service shall be promptly filed.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: November 7, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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