Bill Graham Archives LLC v. Zeidan et al

Filing 41

ORDER requiring further briefing re 37 Ex Parte MOTION for Default Judgment and Permanent Injunction By the Court filed by Bill Graham Archives LLC. Signed by Magistrate Judge Nandor J. Vadas on May 3, 2012. (njvlc2, COURT STAFF) (Filed on 5/3/2012)

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1 2 3 Not For Publication 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BILL GRAHAM ARCHIVES LLC, d/b/a WOLFGANG’S VAULT, 8 Plaintiff, 9 No. C-11-4916 SBA (NJV) ORDER REQUIRING FURTHER BRIEFING RE PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT v. MARWAN ZEIDAN., et al., 11 For the Northern District of California United States District Court 10 Defendants. 12 ___________________________________/ 13 14 The district court has referred Plaintiff’s ex parte motion for default judgment to the 15 undersigned for a report and recommendation. See Doc. No. 39. The Court has reviewed Plaintiff’s 16 moving papers and requires additional evidence to issue its report and recommendation. Although 17 Plaintiff establishes that infringing items published by defendant Afterthought were eventually sold 18 in San Francisco and that Afterthought was served with notice of the action (Doc. Nos. 29, 33-1, 38; 19 see also Doc. No. 1 at ¶¶ 37, 39, 43), Plaintiff does not sufficiently establish that Afterthought, a 20 sole proprietorship located in British Columbia, Canada, is subject to the district court’s personal 21 jurisdiction. No later than May 14, 2012, Plaintiff shall file a supplemental declaration describing 22 the minimum contacts Afterthought has had with California, and demonstrating that these contacts 23 (or any other basis for personal jurisdiction) are sufficient to subject Afterthought to the district 24 court’s personal jurisdiction. 25 26 27 IT IS SO ORDERED. Dated: May 3, 2012 28 Nandor J. Vadas United States Magistrate Judge

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