J&J Sports Productions, Inc. v. Miranda

Filing 31

ORDER, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 11/14/11. (lrc, COURT STAFF) (Filed on 11/15/2011)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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J & J SPORTS PRODUCTIONS, INC.,

Case No: C 10-5093 SBA

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Plaintiff,
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ORDER ADMINISTRATIVELY
CLOSING ACTION

vs.
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ROMARIO SALVADOR MIRANDA,
9 individually and d/b/a WEDGE BAR,

Defendant.

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Plaintiff J & J Sports Productions, Inc., commenced the instant action against

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Defendant Romario Salvador Miranda under the Communications Act of 1934. The

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Complaint alleges that Defendant engaged in an unauthorized display of “Firepower:

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Manny Pacquiao v. Miguel Cott, WBO Welterweight Championship Fight Program” at his

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bar in Daly City, California. After the Clerk entered default against Defendant, Plaintiff

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filed a motion for default judgment, which the Court referred to a magistrate judge for a

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report and recommendation.

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On August 4, 2011, Magistrate Judge Elizabeth LaPorte (“the Magistrate”) issued

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her Report and Recommendation in which she recommended, inter alia, granting Plaintiff’s

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motion for default judgment, but awarding damages in amounts less than Plaintiff had

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requested. Dkt. 24. On August 18, 2011, Plaintiff J & J Sports Production’s, Inc. filed a

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Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge.

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Dkt. 27.

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The Court notes that Plaintiff has sued Defendant several times in this Court based

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on similar conduct. In one of those actions, Plaintiff notified the Court that Defendant has

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filed a Chapter 7 bankruptcy petition and correspondingly requested a stay of the action,

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presumably due to the automatic stay provision of 11 U.S.C. § 362. See J & J Sports

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Prods., Inc. v. Romarico Salvador Miranda, No. C 10-1810 JSW, Dkt. 45. Yet, Plaintiff

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failed to similarly notify this Court of Defendant’s bankruptcy status. Indeed, Plaintiff’s

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case management statement filed on November 9, 2011, inexplicably makes no mention of

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Defendant’s bankruptcy. Nonetheless, the Court has reviewed the bankruptcy court’s

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docket and has confirmed that Defendant’s bankruptcy action, In re Romarico Salvador

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Miranda, No. 11-32593 TEC 7 (N.D. Cal. Bkrtcy. Ct.), remains pending, and there is no

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indication that the bankruptcy court has granted any party relief from the automatic stay.

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See Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n.2 (9th Cir. 2002) (noting that a district

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court “‘may take notice of proceedings in other courts, both within and without the federal

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judicial system, if those proceedings have a direct relation to matters at issue.’”).

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Accordingly,

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IT IS HEREBY ORDERED THAT, in view of the automatic stay, the Clerk of the

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Court is directed administratively to close the case for statistical purposes. The parties shall

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notify the Court within ten (10) days of the lifting of the bankruptcy stay, and this matter

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shall thereafter be reopened. The Court DENIES WITHOUT PREJUDICE Plaintiff’s

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pending motion for default judgment and motion for de novo review of the Magistrate’s

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report and recommendation. This Order is without prejudice to Plaintiff refiling said

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motions after the stay is lifted. This Order terminates Docket 17, 24 and 27.

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IT IS SO ORDERED.
Dated: November 14, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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