J&J Sports Productions, Inc. v. Bonito Michoacan, Inc.

Filing 16

ORDER Granting 13 MOTION for Entry of Clerks Default filed by J&J Sports Productions, Inc. Signed by Chief Judge Robert C. Jones on 3/7/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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J&J SPORTS PRODUCTIONS, INC.,

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Plaintiff,
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v.
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BONITO MICHOACAN, INC.,
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Defendant.
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___________________________________ )

2:12-cv-1519-RCJ-CWH
ORDER

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Currently before the Court is a Request for Clerk’s Default on Amended Complaint
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(#13).
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BACKGROUND
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On August 27, 2012, Plaintiff J&J Sports Productions, Inc. filed a complaint in this Court
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based on federal question jurisdiction against Defendant Bonito Michoacan, Inc. (Compl. (#1)
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at 1). On October 3, 2012, Defendant filed an answer. (Answer (#6)). On November 20,
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2012, the parties filed a joint stipulation to permit Plaintiff to amend its complaint to include an
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additional cause of action and to give Defendant 20 days from the entry of the Court’s order
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to respond. (Stip. to Amend (#9)).
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Judge Carl W. Hoffman granted the stipulation and

Plaintiff filed the amended complaint1 on November 26, 2012. (Order on Stip. (#10); Am.

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The amended complaint alleged that Plaintiff had the exclusive national commercial
distribution (closed-circuit) rights to telecast nationwide “200: Celebrate and Dominate: Shane
Mosley v. Sergio Mora Championship Fight Program” on September 18, 2010, and “Tactical
Warfare: Manny Pacquiao v. Antonio Margarito, WBO Light Middleweight Championship Fight
Program” on November 13, 2010. (Am. Compl. (#11) at 4). The amended complaint alleged
that Defendant had unlawfully intercepted, received, published, divulged, displayed, and/or
exhibited those programs at the time of their transmission at Defendant’s commercial
establishment. (Id. at 5). The amended complaint alleged the following causes of action:
(1) violation of 47 U.S.C. § 605; (2) violation of 47 U.S.C. § 553; and (3) conversion. (Id.

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Compl. (#11)).

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On January 17, 2013, Plaintiff filed a notice to plead informing Defendant and

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Defendant’s attorney that they were required to answer or otherwise plead regarding the

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amended complaint within three days to avoid a default. (Notice to Plead (#12)). Defendant

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did not file a response. (See generally Docket Sheet). On January 28, 2013, Plaintiff filed the

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pending motion for clerk’s default. (Mot. for Clerk’s Default (#13)).
DISCUSSION

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Plaintiff requests that the Clerk of Court enter a default against Defendant based on

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Defendant’s failure to plead or otherwise defend against the amended complaint. (Mot. for

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Clerk’s Default (#13) at 1). Plaintiff attaches an affidavit from his attorney in support of the

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motion. (Reynolds Aff. (#13) at 2). The affidavit states that, on November 20, 2012, Plaintiff

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served the summons and amended complaint on Defendant and that Defendant has not

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answered or filed any other motion in response. (Id.).

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Pursuant to Federal Rule of Civil Procedure 55, the clerk must enter the party’s default

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“[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or

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otherwise defend, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a).

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In this case, the Court directs the Clerk of the Court to enter a default against

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Defendant pursuant to Rule 55(a). As demonstrated by the docket and Plaintiff’s supporting

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affidavit, Defendant has failed to respond to the amended complaint. As such, the Court

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grants Plaintiff’s motion for clerk’s default on the amended complaint (#13).

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at 4-6).
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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff J&J Sports Productions, Inc.’s
Request for Clerk’s Default on Amended Complaint (#13) is GRANTED.
The Clerk of the Court shall enter a default against Defendant Bonito Michoacan, Inc.
pursuant to Federal Rule of Civil Procedure 55(a).

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7th
DATED: This _____ day of March, 2013.

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_________________________________
United States District Judge

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