Sanrio, Inc. et al v. Lalwani et al

Filing 29

ORDER RE DEFAULT AGAINST DEFENDANT KUMAR LALWANI. Signed by Judge Alsup on September 20, 2012. (whalc1, COURT STAFF) (Filed on 9/20/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 SANRIO, INC.; DISNEY ENTERPRISES, INC.; and DC COMICS, a general partnership, 12 13 Plaintiffs, No. C 12-01038 WHA ORDER RE DEFAULT AGAINST DEFENDANT KUMAR LALWANI v. 14 KUMAR LALWANI and ASIM KHAN, 15 Defendants. / 16 17 In this copyright and trademark infringement action, plaintiffs move for default judgment 18 against pro se defendants. Plaintiffs allege that defendants, both doing business as “Ali Jewelry 19 a/k/a Hira Jewelry,” sold (and are still selling) jewelry, personal accessories, and other 20 merchandise bearing identical likenesses of plaintiffs’ copyrights and trademarks, including 21 Hello Kitty, Mickey Mouse, Minnie Mouse, Tinker Bell, and Superman. While defendants have 22 not filed an answer to the complaint or an opposition to the motion to dismiss, they did make an 23 appearance on August 20, 2012, when the parties filed a joint request to continue the hearing on 24 plaintiffs’ motion for default judgment. This request was granted and the hearing was moved to 25 September 20, 2012. 26 27 28 Only defendant Kumar Lalwani and plaintiffs appeared at the September 20 hearing. Defendant Khan failed to appear. At the hearing, Mr. Lalwani was provided with a copy 1 of the Pro Se Litigant Handbook and flyer for the Legal Help Center. Again, Mr. Lalwani 2 should be aware that there is free legal assistance available to litigants without lawyers. This 3 service — called the Legal Help Center — is available to anyone who is representing him- or 4 herself in a civil lawsuit in the San Francisco division of the United States District Court for the 5 Northern District of California. The Legal Help Center is located in the federal courthouse in 6 San Francisco: 450 Golden Gate Ave, 15th Floor, Room 2796. Assistance is provided by 7 appointment only, and appointments are held in person at the Legal Help Center. A litigant may 8 schedule an appointment by signing up in the appointment book located on the table outside the 9 door of the Center or by calling the Legal Help Center appointment line at 415-782-9000 x8657. Mr. Lalwani is encouraged to seek assistance from the Legal Help Center. 11 For the Northern District of California United States District Court 10 The motion for default judgment against Mr. Lalwani will be held in abeyance until 12 October 24, 2012. A further hearing on plaintiffs’ motion for default judgment is scheduled for 13 11:00 A.M. ON OCTOBER 25, 2012. Before the hearing, Mr. Lalwani must move to set aside the 14 entry of default against him and answer the complaint. If Mr. Lalwani does not make these 15 filings, and the parties do not dismiss this action, then plaintiffs’ motion for default judgment 16 may be granted. 17 18 IT IS SO ORDERED. 19 20 Dated: September 20, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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