Autodesk, Inc. v. BuyPCSoft.com et al

Filing 52

ORDER by Judge Whyte denying 34 Motion to Set Aside Default and lifting stay of enforcement (rmwlc3, COURT STAFF) (Filed on 7/6/2010)

Autodesk, Inc. v. BuyPCSoft.com et al

Doc. 52

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The court previously deferred ruling on defendant Tabatabayee's motion to set aside default out of concern that the monetary judgment might be unreasonable under the circumstances. Tabatabayee was granted until March 19, 2010 in which to file and serve an accounting of the Autodesk products sold by BuyPCSoft.com, to be sworn under penalty of perjury. Tabatabayee failed to comply. His letter was sent two weeks after the March 19 deadline, was not sworn under penalty of perjury, and was not served on plaintiff. The letter also identified only seven sales of Autodesk products and is inconsistent with defendant's prior statements to plaintiff regarding the number of sales. See July 21, 2009 letter from Tabatabayee (stating that he has sold only two products) attached as Exhibit F to 10/22/09 Declaration of Handler, and July 30, 2009 letter from Tabatabayee (stating that he has sold only five products), attached as Exhibit H to the Handler Declaration. Moreover, the letter is also incomplete and fails to identify sales by BuyPCSoft.com
ORDER DENYING MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT AND LIFTING STAY OF ENFORCEMENT--No. C-09-2337 RMW TER

E-FILED on

7/6/2010

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

AUTODESK, INC., Plaintiff, v. BUYPCSOFT.COM, et al., Defendants.

No. C-09-2337 RMW ORDER DENYING MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT AND LIFTING STAY OF ENFORCEMENT

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

that were identified in plaintiffs' papers submitted in connection with its initial motion for default judgment. See Docket Nos. 20-24; see also Docket No. 48. Accordingly, the court gives little weight to Tabatabayee's March 31, 2010 letter and finds it insufficient to justify modifying the amount of the default judgment. Accordingly, defendant Tabatabayee's motion to set aside default and default judgment is denied. The stay of enforcement of the judgment is hereby lifted.

DATED:

7/6/2010

RONALD M. WHYTE United States District Judge

ORDER DENYING MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT AND LIFTING STAY OF ENFORCEMENT--No. C-09-2337 RMW TER 2