Financial Services Vehicle Trust v. Ionov

Filing 15

ORDER that Plaintiff shall file supplemental papers explaining why the Court has personal jurisdiction over Defendant by 12/10/2013 re 12 Motion for Default Judgment. Signed by Magistrate Judge Nancy J. Koppe on 11/25/2013. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 FINANCIAL SERVICES VEHICLE TRUST, et al.,) ) Plaintiff(s), ) ) v. ) ) ADIR IONOV, ) ) Defendant(s). ) ) Case No. 2:12-cv-01577-GMN-NJK ORDER REGARDING PERSONAL JURISDICTION 15 16 Pending before the Court is Plaintiff’s motion for entry of default judgment. Docket No. 12. 17 The Court’s personal jurisdiction over a defendant is generally a waivable defense that the Court 18 does not raise sua sponte. See Fed. R. Civ. P. 12(h)(1). Nonetheless, “[w]hen entry of default 19 judgment is sought against a party who has failed to plead or otherwise defend, a district court has an 20 affirmative duty to look into its jurisdiction over both the subject matter and the parties.” Tuli v. 21 Republic of Iraq, 172 F.3d 707, 712 (9th Cir. 1999). Thus, after giving the plaintiff notice and an 22 opportunity to assert jurisdictional facts, the Court may dismiss an action for lack of personal 23 jurisdiction. See id. at 712-13. 24 In this case, Plaintiff alleges on “information and belief” that Defendant is a resident of Las 25 Vegas, Nevada. See Compl. at ¶ 3. Based on the record before the Court, it appears that the relevant 26 transactions related to the lease of the vehicle occurred in California. See Docket No. 13, Exh. 2 27 (listing lessor as McKenna BMW located in Norwalk, California). Moreover, it appears that 28 Defendant sold his Las Vegas residence at roughly the same time he leased the vehicle. See Docket 1 No. 6, Exh. 1 (affidavit of diligence appearing to show that Defendant sold his property on or about 2 October 29, 2009 to Jia Chi Xu). In short, it is not clear whether the record before the Court 3 sufficiently demonstrates the Court’s personal jurisdiction over Defendant. 4 5 Accordingly, no later than December 10, 2013, Plaintiff shall file supplemental papers explaining why the Court has personal jurisdiction over Defendant. 6 IT IS SO ORDERED. 7 DATED: November 25, 2013 8 9 10 ______________________________________ Nancy J. Koppe United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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