J&J Sports Productions, Inc. v. Sahagun et al

Filing 32

ORDER by Judge Vince Chhabria denying 24 Motion for Default Judgment (knm, COURT STAFF) (Filed on 6/27/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J&J SPORTS PRODUCTIONS, INC.,

Case No. 13-cv-05620-VC

Plaintiff,
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v.

ORDER DENYING DEFAULT
JUDGMENT WITHOUT PREJUDICE

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JOSE DIAZ SAHAGUN, et al.,

Re: Docket No. 24

Defendants.
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United States District Court
Northern District of California

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J & J Sports Production, Inc. has sued Jose Diaz Sahagun, Marisa Food Services, Inc. d/b/a

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Fernando's Mexican Restaurant, and Martin Gutierrez Marquez individually and d/b/a Fernando's

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Mexican Restaurant, for unlawfully intercepting and broadcasting a boxing match for which J & J

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Sports owned the exclusive television distribution rights. Sahagun and Marisa Food Services are

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represented and have filed an answer. See Docket No. 14. Default was entered against Marquez,

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who is not represented and has not made an appearance in the case, on April 21, 2014. See Docket

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No. 17. J & J Sports now moves for a default judgment against Marquez pursuant to Federal Rule

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of Civil Procedure 55(b)(2).

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Sahagun and Marisa Food Services oppose the motion for default judgment, stating that

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Marquez has not been involved with the business in more than five years and currently lives in

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Mexico.

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unwarranted expense, as J & J Sports will likely proceed immediately against the business to

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satisfy the judgment. See Declaration of Sahagun, Docket No. 28. In response, J & J Sports notes

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that Marquez is still identified as a stockholder and vice-president of Marisa Food Services on the

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liquor license. But this does not refute the assertions contained in the Sahagun Declaration.

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Given the dispute regarding Marquez's association with the business and the possibility of

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excusable neglect, as well as the potential impact on the other defendants who are defending this

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case, the motion for default judgment is denied without prejudice. J & J Sports may refile its

They argue that entering a default judgment against Marquez will cause them

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motion at the conclusion of the case.
IT IS SO ORDERED.
Dated: June 27, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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