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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JOE HAND PROMOTIONS, INC., 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-11-1408 EMC DANA MARIE JONES, et al., 12 ORDER RE SUPPLEMENTAL BRIEFING AND/OR EVIDENCE Defendants. ___________________________________/ 13 14 15 Plaintiff Joe Hand Promotions, Inc. has filed suit against Defendants Dana Marie Jones and 16 Our 2 Boys, Inc., asserting various claims related to Defendants’ alleged unlawful exhibition of a 17 television program for which Plaintiff had exclusive distribution rights. Currently pending before 18 the Court is Plaintiff’s motion for default judgment which is set for hearing on November 28, 2011. 19 The Court has reviewed Plaintiff’s papers and, based on that review, is in need of supplemental 20 briefing and/or evidence from Plaintiff. 21 More specifically, the Court notes that Plaintiff’s investigator, Jeff Kaplan, submitted an 22 affidavit in which he states that he observed, at Defendants’ establishment, the broadcast of UFC 23 111, in which Jim Miller and Kurt Pellegrino were fighting. However, Plaintiff’s president, Joe 24 Hand, states in another affidavit that Mr. Belo (not Mr. Kaplan) observed an undercard bout between 25 Frank Mir and Shane Carwin (not between Jim Miller and Kurt Pellegrino). See Hand Decl. ¶ 7. 26 Moreover, the UFC 111 results page appended to Mr. Hand’s declaration (which does not appear to 27 be authenticated) reflects no bout between Mr. Miller and Mr. Pellegrino, as testified to by Mr. 28 1 Kaplan. Rather, it appears that there was a bout between Mr. Miller and Mark Bocek and a separate 2 bout between Mr. Pellegrino and Fabricio Camoss. 3 Accordingly, the Court hereby orders Plaintiff to provide supplemental briefing to address 4 the problems noted above. The Court also orders Plaintiff to properly authenticate the UFC 111 5 results. Finally, the Court orders Plaintiff to clarify whether it is seeking a default judgment on the § 6 553 claim in addition to the § 605 and conversion claims or whether it is seeking a default judgment 7 on only the § 605 and conversion claims. 8 9 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. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 13 Dated: November 7, 2011 14 _________________________ EDWARD M. CHEN United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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