Rubin v. Apple Inc.

Filing 65

ORDER re 57 Supplemental Briefing and/or Evidence. Signed by Judge Edward M. Chen on 4/20/2010. (emclc1, COURT STAFF) (Filed on 4/20/2010)

1 2 3 4 5 6 7 8 9 10 v. APPLE, INC., et al., Defendants. ___________________________________/ DON RUBIN, Plaintiff, ORDER RE SUPPLEMENTAL BRIEFING AND/OR EVIDENCE (Docket No. 57) No. C-09-2607 PJH (EMC) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Plaintiff Don Rubin has filed suit against Defendants Apple, Inc., Quetouch.com, and Cancerian-9 for copyright infringement. See Docket No. 39 (amended complaint). Currently pending before the Court is Mr. Rubin's motion for default judgment with respect to Quetouch.com and Cancerian-9, which Judge Hamilton has referred to the undersigned for a report and recommendation. Having considered the papers submitted, the Court hereby orders that Mr. Rubin provide supplemental briefing and/or evidence in support of his motion. More specifically, the Court orders that Mr. Rubin provide supplemental briefing and/or evidence as to why there is personal jurisdiction over Quetouch.com and Cancerian-9. See Tuli v. Republic of Iraq (In re Tuli), 172 F.3d 707, 712 (9th Cir.1999) ("[W]hen a court is considering whether to enter a default judgment, it may dismiss an action sua sponte for lack of personal jurisdiction."); see also Dennis Garberg & Assocs. v. Pack-Tech Int'l Corp., 115 F.3d 767, 772 (10th Cir.1997) ("[A] district court must determine whether it has jurisdiction over the defendant before entering judgment by default against a party who has not appeared in the case."). The Court notes that, in Brayton Purcell LLP v. Recordon & Recordon, 575 F.3d 981 (9th Cir. 2009), the Ninth

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Circuit held that, to establish specific jurisdiction in a copyright infringement action, as here, a purposeful direction analysis should be used. See id. (discussing Calder effects test). The supplemental briefing and/or evidence shall be filed and served within a week of the date of this order. Service on Quetouch.com and Cancerian-9 shall be effected consistent with Judge Hamilton's order of February 17, 2010 -- i.e., by e-mail (either confirmed or not returned as undeliverable) and by Federal Express. See Docket No. 51 (order). IT IS SO ORDERED.

Dated: April 20, 2010 _________________________ EDWARD M. CHEN United States Magistrate Judge

United States District Court

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For the Northern District of California

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