Tiffany (NJ), LLC v. 925ly.com et al

Filing 86

ORDER Vacating 1/17/2012 Hearing. Supplemental Brief due by 1/20/2012. Signed by Judge Lloyd D. George on 1/13/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TIFFANY (NJ), LLC,

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Plaintiff,

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v.

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925LY.COM, et al.,

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2:11-cv-0590-LDG-GWF

Defendants.

ORDER

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The court has received plaintiff’s pre-hearing brief in which it has comprehensively

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addressed the notice and service aspects of this litigation. The court determines that it would be

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beneficial to consider, sua sponte, the basis for the court’s personal jurisdiction over the

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defendants. While personal jurisdiction may be waived by a party, the existence of such

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jurisdiction factors into the likelihood of success on the merits for general preliminary injunction

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purposes, and is required to be addressed before the entry of default judgment. Accordingly, the

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court will direct plaintiff to file supplemental briefing on personal jurisdiction over the defendants

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and discuss the applicability of Pebble Beach Company v. Caddy, 453 F.3d 1151 (9th Cir. 2006),

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and related authority, to the causes of action being brought in this case. After considering the

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current and supplemental briefing, the court will decide if a hearing is in order.

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THE COURT HEREBY ORDERS that the hearing currently scheduled for January 17,
2012, is VACATED.
THE COURT FURTHER ORDERS that plaintiff shall file on or before January 20, 2012,

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the supplemental briefing discussed in this order

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DATED this _____ day of January, 2012.

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______________________________
Lloyd D. George
United States District Judge