West Coast Productions, Inc. v. Does 1-71

Filing 47

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff shall file, not later than seven (7) days from the date of this Order, either a stipulation for dismissal of its claims or a motion for default judgment against Lamont Brookfield. IT IS FURTHER ORDERED that Plaintiffs Motion for Default Judgmentagainst Defendant Jeff Riley is DENIED without prejudice. (Doc. No. 43). re: 43 MOTION for Default Judgment as to Party filed by Plaintiff West Coast Productions, Inc. ( Response to Court due by 2/10/2014.) Signed by District Judge Audrey G. Fleissig on 2/3/14. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WEST COAST PRODUCTIONS, INC.,

)
)
Plaintiff,
)
)
v.
)
)
JEFF RILEY AND LAMONT BROOKFIELD, )
)
Defendants.
)

Case No. 4:12CV01551 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff West Coast Productions, Inc.’s motion
for default judgment. Plaintiff brought this action under the Copyright Act, 17 U.S.C. §§
101 et seq., seeking damages and injunctive relief for alleged copyright infringement and
contributory copyright infringement against approximately 71 Doe Defendants. In its
amended complaint Plaintiff named six defendants: Carl Garrett, Jeff Riley, Lamont
Brookfield, and John Does 12, 39, and 69. By Order dated September 30, 2013 (Doc.
No. 44), the claims against John Does 12, 39, and 69 were severed and dismissed.
Thereafter, Plaintiff and Defendant Garrett entered into a Stipulation for Dismissal.
(Doc. Nos. 45 & 46.)

At this juncture, only Plaintiff’s claims against Riley and

Brookfield remain before the Court. Plaintiff has moved for default judgment against
Riley but not against Brookfield.
Where multiple defendants are sued under a theory of joint liability and less than
all of them default, a court may not enter default judgment against the defaulted
defendants until the liability of the nondefaulted defendants has been decided.
1

See

McMillian/McMillian, Inc. v. Monticello Ins. Co., 116 F.3d 319, 320 (8th Cir. 1997); see
also F.F. Heating & Cooling, Inc. v. Lewis Mech. Servs., No. 4:09CV1496 CAS, 2010
WL 3720190, at *2 (E.D. Mo. Sept. 13, 2010) (refusing to enter partial default judgment
in action for breach of contract and quantum meruit where liability of similarly situated
answering defendants was yet to be determined). For this reason, the Court will deny the
pending motion for default without prejudice to refiling at such time as Plaintiff
dismisses its claims or moves for default against Brookfield.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall file, not later than seven (7) days
from the date of this Order, either a stipulation for dismissal of its claims or a motion for
default judgment against Lamont Brookfield.
IT IS FURTHER ORDERED that Plaintiffs’ Motion for Default Judgment
against Defendant Jeff Riley is DENIED without prejudice. (Doc. No. 43).

___________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of February, 2014.

2