J & J Sports Productions, Inc. v. Aguirre et al
Filing
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OPINION AND ORDER by Judge Terence Kern ; vacating/setting aside order(s); denying 14 Motion for Default Judgment (Re: 13 Clerk's Entry of Default, Ruling on Motion for Entry of Default by Clerk ) (Documents Terminated: 13 Clerk's Entry of Default, Ruling on Motion for Entry of Default by Clerk ) (vah, Chambers)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
J & J SPORTS PRODUCTIONS, INC.
Plaintiff,
vs.
JOSE AGUIRRE, Individually and d/b/a
AGAVE MEXICAN GRILL AND
TEQUILA BAR, and
AGAVE, LLC, an Oklahoma Corporation
d/b/a AGAVE MEXICAN GRILL AND
TEQUILA BAR,
Defendants.
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No. 13-CV-771-TCK-TLW
OPINION AND ORDER
Before the Court is Plaintiff’s Motion for Default Judgment (Doc. 14). Plaintiff J & J Sports
Productions, Inc. (“Plaintiff”) filed a Complaint against Defendants Jose Aguirre, individually and
d/b/a Agave Mexican Grill and Tequila Bar, and Agave, LLC (“Defendants”) alleging that
Defendants unlawfully intercepted and exhibited a program without paying Plaintiff the requisite
licensing fees to exhibit the program. Upon motion by Plaintiff, the Court Clerk entered default
against Defendant on May 28, 2014 (Doc. 13). On June 3, 2014, Plaintiff filed the instant Motion
for Default Judgment in the amount of $110,000, plus fees and costs. Defendants filed a response
in opposition to Plaintiff’s motion, claiming that Plaintiff had not properly effectuated service on
either of the Defendants.
Default judgments are disfavored. See Gomes v. Williams, 420 F.2d 1364, 1366 (10th Cir.
1970) (“The preferred disposition of any case is upon its merits and not by default judgment.”).
Defendants have now appeared in the case, making the disposition of this case on the merits an
option. Accordingly, Plaintiff’s Motion for Default Judgment (Doc. 14) is denied. Additionally,
pursuant to Rule 55(c) of the Federal Rules of Civil Procedure and for good cause shown, the Court
sua sponte sets aside the default entered by the Court Clerk on May 28, 2014 (Doc. 13). Defendants
shall file a responsive pleading no later than September 30, 2014.
SO ORDERED this 16th day of September, 2014.
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