Nygard International Partnership v. Johnson

Filing 39

ORDER DISMISSING CASE. Motions terminated: 33 MOTION for Default Judgment by the Court as to filed by Nygard International Partnership. Signed by Judge Vince Chhabria on 10/10/2014. (knm, COURT STAFF) (Filed on 10/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NYGARD INTERNATIONAL
PARTNERSHIP,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 13-cv-03750-VC
ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE

v.
CHRISTOPHER JOHNSON,

Re: Dkt. No. 33

Defendant.

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The plaintiff, Nygard International Partnership, brought a copyright infringement suit

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against the defendant, Christopher Johnson, in August 2013 for allegedly posting two videos on

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YouTube. Since filing the lawsuit, Nygard has done virtually nothing to prosecute it. When the

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Court held a case management conference on July 22, 2014 and questioned counsel for Nygard

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about why it had not been prosecuting the case, counsel informed the Court that Nygard intended

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to file a motion for default judgment. The Court gave Nygard a deadline for filing such a motion,

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and Nygard failed to meet the deadline. The Court issued an order to show cause for why the case

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should not be dismissed for failure to prosecute, and Nygard responded with an apology and a

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request for another chance. The Court gave Nygard a new deadline to file a motion for default

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judgment. Nygard requested a continuance, and the Court set yet another deadline. On September

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11, 2014, Nygard filed a motion for default judgment, but had failed to first obtain an entry of

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default from the Clerk of the Court, apparently because Nygard never properly served Johnson

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with the complaint, contending incorrectly that service by email was sufficient. And today,

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counsel for Nygard has filed a letter asking for another continuance of the hearing on the motion

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for default judgment, even though the motion he filed was inherently defective. In light of the

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foregoing, the case is dismissed for failure to prosecute under Federal Rule of Civil Procedure

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41(b). Dismissal is without prejudice to filing a new complaint, paying the filing fee, and

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complying with all applicable legal requirements relating to service. The Clerk's Office is directed

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to close this case.

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IT IS SO ORDERED.
Dated: October 10, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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