J & J Sport Productions, Inc., v. Munguia

Filing 20

Order by Hon. Lucy H. Koh granting 18 Motion to Set Aside Default. (lhklc1, COURT STAFF) (Filed on 6/4/2014)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11
12
13
14
15
16
17
18

J&J SPORTS PRODUCTIONS, INC.,

)
)
Plaintiff,
)
)
v.
)
)
BAUDELIA MUNGUIA, a/k/a BAUDELIA
)
MUNGUIA DE MANRIQUEZ, individually and )
doing business as LOS MOLCAJETES,
)
)
Defendant.
)
)
)

Case No.: 13-CV-02004-LHK
ORDER GRANTING PLAINTIFF’S
MOTION TO SET ASIDE DEFAULT
JUDGMENT AGAINST DEFENDANT

Before the Court is Plaintiff’s Motion to Set Aside Default Judgment Against Defendant,

19

which was filed on May 13, 2014. See ECF No. 18. No timely response has been filed. The Court

20

finds the motion suitable for decision without oral argument and therefore VACATES the hearing

21

set for September 11, 2014, at 1:30 p.m. Having considered the briefing and the record in the

22

instant case, the Court GRANTS Plaintiff’s Motion to Set Aside Default Judgment Against

23

Defendant.

24

In this commercial piracy case, Plaintiff alleged that Defendant unlawfully intercepted and

25

published a boxing match on May 5, 2012. Plaintiff filed its complaint on May 1, 2013. See ECF

26

No. 1. Defendant was served but did not answer. Upon Plaintiff’s motion, the Clerk entered default

27

on July 17, 2013. See ECF No. 11. Plaintiff then filed a Motion for Default Judgment on July 30,

28

2013. See ECF No. 12. The Court granted Plaintiff’s default judgment motion on January 14, 2014,
1
Case No.: 13-CV-02004-LHK
ORDER GRANTING PLAINTIFF’S MOTION TO SET ASIDE DEFAULT JUDGMENT AGAINST DEFENDANT

1

awarding Plaintiff $9,900 in total damages. See ECF No. 15. Plaintiff then filed a Motion to Alter

2

or Amend the Judgment on February 11, 2014, seeking an increase in statutory damages. See ECF

3

No. 16. The Court denied the Motion to Alter or Amend the Judgment on April 17, 2014. See ECF

4

No. 17.

5

On May 13, 2014, Plaintiff filed the instant motion. See ECF No. 18. In the motion,

6

Plaintiff indicates that it seeks to set aside the default judgment because Defendant had in fact

7

submitted payment information to Plaintiff’s employee to pay for the program that was allegedly

8

intercepted and published. See id. at 3. This fact was not known to Plaintiff’s counsel due to a

9

communication error between Plaintiff’s employees. See id. In addition to moving to set aside the

United States District Court
For the Northern District of California

10

default judgment, Plaintiff has also filed a Notice of Voluntary Dismissal of the instant action

11

pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). See ECF No. 19.

12

The Court may set aside a judgment under Fed. R. Civ. P. 60(b)(1), when there is “mistake,

13

inadvertence, surprise, or excusable neglect.” In this case, the Court finds that the judgment against

14

Defendant resulted from Plaintiff’s mistake, as Plaintiff itself concedes. Plaintiff moves to

15

voluntarily dismiss this case and concedes that this “will permanently resolve this case.” ECF No.

16

18 at 2. Accordingly, the Court GRANTS Plaintiff’s motion and sets aside the default judgment.

17

The case is DISMISSED pursuant to Plaintiff’s Notice of Voluntary Dismissal. The case file shall

18

remain closed.

19

IT IS SO ORDERED.

20
21

Dated: June 4, 2014

_________________________________
LUCY H. KOH
United States District Judge

22
23
24
25
26
27
28
2

Case No.: 13-CV-02004-LHK
ORDER GRANTING PLAINTIFF’S MOTION TO SET ASIDE DEFAULT JUDGMENT AGAINST DEFENDANT