Cook Productions, LLC v. Doe 1 et al

Filing 34

MINUTE ORDER TO SHOW CAUSE by 11/16/2018, why the Court should not vacate the defaults entered in this matter and dismiss plaintiff's claims for failure to state a claim and/or failure to prosecute. Any objection to plaintiff's response to this show cause order shall be filed by 11/7/2018/ Authorized by Judge Thomas S. Zilly. (SWT) (cc: Pro se defendant via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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COOK PRODUCTIONS, LLC,
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Plaintiff,

C17-101 TSZ

v.
TECORA MILLER,

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Defendant.
COOK PRODUCTIONS, LLC,
Plaintiff,

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C17-252 TSZ

v.
ANGELA WALKER; OKSANA
KOVALCHUK; MARGARITA
HERNANDEZ; and OLIVIA
BOWSER-RICHARD,

MINUTE ORDER

Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
In both of these actions, all remaining defendants are in default. See Order
(docket no. 28 in C17-101 TSZ); Orders (docket nos. 30, 31, 32, & 33 in C17-252 TSZ).
Since July 2017, when the various defaults were entered, plaintiff has not sought default
judgment or otherwise taken any steps to prosecute these matters. Meanwhile, the United
States Court of Appeals for the Ninth Circuit issued a decision in Cobbler Nevada, LLC
v. Gonzales, 901 F.3d 1142 (9th Cir. 2018), which requires plaintiff to plead, in support
of its copyright infringement claims, “something more” than each defendant’s status as
the subscriber of an Internet Protocol address associated with transmission of a segment
of plaintiff’s motion picture via a peer-to-peer network using the BitTorrent protocol.
See id. at 1145. Plaintiff is hereby DIRECTED to SHOW CAUSE, by November 16,
2018, why the Court should not vacate the defaults entered in these matters and dismiss
plaintiff’s claims (either with or without prejudice, with or without leave to amend) for
failure to state a claim and/or failure to prosecute.

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MINUTE ORDER - 1

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(2)
Any objection by a defendant to plaintiff’s response to this show cause
order shall be filed by December 7, 2018. Any reply by plaintiff to any such objection
2 shall be filed by December 14, 2018.
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(3)
The Clerk is directed to send a copy of this Minute Order to all counsel of
record and to all remaining (albeit defaulted) pro se defendants.
Dated this 19th day of October, 2018.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2