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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NYGARD INTERNATIONAL PARTNERSHIP, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 13-cv-03750-VC ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE v. CHRISTOPHER JOHNSON, Re: Dkt. No. 33 Defendant. 12 13 The plaintiff, Nygard International Partnership, brought a copyright infringement suit 14 against the defendant, Christopher Johnson, in August 2013 for allegedly posting two videos on 15 YouTube. Since filing the lawsuit, Nygard has done virtually nothing to prosecute it. When the 16 Court held a case management conference on July 22, 2014 and questioned counsel for Nygard 17 about why it had not been prosecuting the case, counsel informed the Court that Nygard intended 18 to file a motion for default judgment. The Court gave Nygard a deadline for filing such a motion, 19 and Nygard failed to meet the deadline. The Court issued an order to show cause for why the case 20 should not be dismissed for failure to prosecute, and Nygard responded with an apology and a 21 request for another chance. The Court gave Nygard a new deadline to file a motion for default 22 judgment. Nygard requested a continuance, and the Court set yet another deadline. On September 23 11, 2014, Nygard filed a motion for default judgment, but had failed to first obtain an entry of 24 default from the Clerk of the Court, apparently because Nygard never properly served Johnson 25 with the complaint, contending incorrectly that service by email was sufficient. And today, 26 counsel for Nygard has filed a letter asking for another continuance of the hearing on the motion 27 for default judgment, even though the motion he filed was inherently defective. In light of the 28 foregoing, the case is dismissed for failure to prosecute under Federal Rule of Civil Procedure 1 41(b). Dismissal is without prejudice to filing a new complaint, paying the filing fee, and 2 complying with all applicable legal requirements relating to service. The Clerk's Office is directed 3 to close this case. 4 5 6 7 IT IS SO ORDERED. Dated: October 10, 2014 ______________________________________ VINCE CHHABRIA United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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