Nutrition Distribution LLC v. Musclegen Research Inc. et al

Filing 21

ORDER Requesting Supplemental Briefing. It is ordered, Plaintiff shall file a supplemental brief as to why the Court has personal jurisdiction over the defaulting Defendants. The brief shall be filed on or before 8/17/2018 and is not to exceed twelve pages in length. Signed by Judge Janis L. Sammartino on 7/27/2018.(mpl)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 NUTRITION DISTRIBUTION LLC, 13 14 15 Case No.: 16-CV-3113-JLS (JMA) ORDER REQUESTING SUPPLEMENTAL BRIEFING Plaintiff, v. MUSCLEGEN RESEARCH INC., et al, (ECF No. 15) 16 17 Defendants. 18 19 Plaintiff has filed a Motion requesting the Court enter default judgment against 20 Defendants Musclegen Research, Inc., Brian Parks, and Darria Parks, (ECF No. 15). The 21 Court must have personal jurisdiction over each of the defaulting Defendants before it may 22 enter default judgment, or else entry of default judgment is void. See Bittorrent, Inc. v. 23 Bittorrent Mktg. GMBH, No. 12-CV-02525-BLF, 2014 WL 5773197, at *3 (N.D. Cal. Nov. 24 5, 2014) (citing Veeck v. Commodity Enters., Inc., 487 F.2d 423, 426 (9th Cir. 1973)). 25 Plaintiff did not address personal jurisdiction in its Motion and only included a general 26 paragraph in its Complaint as to why it alleges this Court has personal jurisdiction over 27 Defendant Muslegen. Plaintiff SHALL file a supplemental brief as to why the Court has 28 personal jurisdiction over the defaulting Defendants. The brief SHALL be filed on or 1 16-CV-3113-JLS (JMA) 1 2 3 before August 17, 2018 and is not to exceed twelve pages in length. IT IS SO ORDERED. Dated: July 27, 2018 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 16-CV-3113-JLS (JMA)

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