Broadcast Music, Inc. et al v. 1233 Polk Street, LLC et al

Filing 20

ORDER FOR SUPPLEMENTAL BRIEFING RE: MOTION FOR DEFAULT JUDGMENT 16 . Plaintiffs shall submit additional briefing by 5:00 p.m. on September 9, 2013, to address the deficiencies in the motion for default judgment. Any opposition or statement of non-opposition is due no later than 5:00 p.m. on September 16, 2013. The previously-noticed hearing date on the motion of September 26, 2013 remains unchanged. Signed by Magistrate Judge Donna M. Ryu on 08/27/13. (dmrlc2, COURT STAFF) (Filed on 8/27/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 BROADCAST MUSIC INC, 12 Plaintiff(s), 13 v. 14 ORDER FOR SUPPLEMENTAL BRIEFING ON PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT [DOCKET NO. 16] 1233 POLK STREET, 15 No. C-13-01211-PJH (DMR) Defendant(s). ___________________________________/ 16 17 On July 23, 2013, Plaintiffs filed a motion for default judgment. [Docket No. 16.] Judge 18 Hamilton referred the motion to this court for a report and recommendation. [Docket No. 17.] 19 Having reviewed the motion, this court determines that Plaintiffs did not brief their entitlement to 20 the entry of default judgment pursuant to the factors enumerated in the Ninth Circuit’s decision in 21 Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Plaintiffs also did not brief the issue of 22 this court’s personal jurisdiction over Defendants. 23 Plaintiffs shall submit additional briefing by 5:00 p.m. on September 9, 2013, to address the 24 above deficiencies in the motion for default judgment. Any opposition or statement of non- 25 opposition is due no later than 5:00 p.m. on September 16, 2013. The previously-noticed hearing 26 date on the motion of September 26, 2013 remains unchanged. 27 // 28 // 1 2 3 4 Immediately upon receipt of this Order, Plaintiffs shall serve Defendants with a copy of this Order and file a proof of service with the court. IT IS SO ORDERED. Dated: August 27, 2013 5 DONNA M. RYU United States Magistrate Judge 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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