Creel v. iUniverse, Inc. et al

Filing 68

ORDER This matter is before the Court, sua sponte. On November 23, 2009, Plaintiff filed a motion titled Motion for Entry of Default in which she sought both a default and default judgment against Defendant Tino Georgiou a/k/a K.G. Glaub. 58 , On No vember 27, 2009, the Clerk of the Court entered default against Mr. Georgiou, pursuant to Fed.R.Civ.P. 55(a). Thus, Doc. 58 has been ruled upon. if Plaintiff seeks a judgment by default against Mr. Georgiou, she must file a separate motion which c omplies with the requirements of Colo.R.Civ.P. 55(b)(2). In addition, Plaintiff should submit a proposed form of judgment. After receipt of these documents, the Court will determine whether or not a hearing is necessary to effectuate the judgment. by Judge Christine M. Arguello on 12/21/09.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-01753-CMA-BNB CATHERINE CREEL, Plaintiff, v. iUNIVERSE, INC., an Indiana corporation, AMAZON.COM, INC., a Washington corporation, BARNES & NOBLE, INC., a Delaware corporation, BUYNOW, INC., a Delaware corporation, LULU HOLDINGS, LLC, a North Carolina limited liability company, ON-DEMAND PUBLISHING, LLC, d/b/a CREATESPACE, a Delaware limited liability company, TINO GEORGIOU, an individual, and K. G. GLAUB, an individual, Defendants. ORDER REGARDING ENTRY OF DEFAULT This matter is before the Court, sua sponte. On November 23, 2009, Plaintiff filed a motion titled "Motion for Entry of Default" in which she sought both a default and default judgment against Defendant Tino Georgiou a/k/a K.G. Glaub. (Doc. # 58.) On November 27, 2009, the Clerk of the Court entered default against Mr. Georgiou, pursuant to Fed.R.Civ.P. 55(a). Thus, Doc. # 58 has been ruled upon. From a review of the pleadings, it is apparent that Plaintiff seeks entry of a judgment for injunctive and affirmative relief, in addition to damages for which it is more appropriate to obtain an accounting. Therefore, the Court ORDERS that, if Plaintiff seeks a judgment by default against Mr. Georgiou, she must file a separate motion which complies with the requirements of Colo.R.Civ.P. 55(b)(2). In addition, Plaintiff should submit a proposed form of judgment. After receipt of these documents, the Court will determine whether or not a hearing is necessary to effectuate the judgment. DATED: December 21, 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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