Malibu Media, LLC v. John Doe subscriber assigned IP address 67.162.135.229

Filing 27

MINUTE ORDER denying without prejudice 17 Plaintiffs Motion for Entry of an Order Requiring Defendant to Show Cause Why Final Judgment Should Not be Entered Against Him, by Magistrate Judge Michael E. Hegarty on 3/24/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02310-WYD-MEH
MALIBU MEDIA, LLC,
Plaintiff,
v.
JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 67.162.135.229,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on March 24, 2015.
Plaintiff’s Motion for Entry of an Order Requiring Defendant to Show Cause Why Final
Judgment Should Not be Entered Against Him [filed February 24, 2015; docket #15] is denied
without prejudice for Plaintiff’s failure to explain how this Court has jurisdiction (for purposes of
its motion) over the Defendant, who has not been served in this case. See Oklahoma Radio Assocs.
v. F.D.I.C., 969 F.2d 940, 943 (10th Cir. 1992) (“Rule 4 service of process provides the mechanism
by which a court having venue and jurisdiction over the subject matter of an action asserts
jurisdiction over the person of the party served.”).
Moreover, the Plaintiff demonstrated good cause in its Response to this Court’s Order to
Show Cause for extension of the deadline for service pursuant to Rule 4(m); accordingly, Plaintiff
shall serve the Defendant in this case on or before March 31, 2015.