J & J Sports Productions, Inc. v. Olivares, et al., No. 1:2010cv01708 - Document 15 (E.D. Cal. 2011)
Court Description: ORDER Extending Time to Submit Objections to Findings and Recommendations Regarding Plaintiff's Application for Default Judgment 13 , signed by Magistrate Judge Dennis L. Beck on 3/14/11: Written Objections due fourteen (14) days from service of this Order; The Clerk of the Court is directed to serve Defendants with a copy of this Order at PO Box 1861, Winton, CA 95388. (Hellings, J)
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J & J Sports Productions, Inc. v. Olivares, et al. Doc. 15 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 J & J SPORTS PRODUCTIONS, INC., 10 11 12 13 14 15 16 17 ) ) ) ) 1:10cv01708 LJO DLB ORDER EXTENDING TIME TO SUBMIT OBJECTIONS TO FINDINGS AND RECOMMENDATION REGARDING PLAINTIFF’S APPLICATION FOR FOR DEFAULT JUDGMENT ) ) Plaintiff, ) ) vs. ) ) ELVIA IMELDA FUENTES OLIVARES, ) et al., ) ) ) Defendants. ) ____________________________________) (Document 13) 18 19 On September 17, 2010, Plaintiff filed the instant action against Defendants Elvia Imelda 20 Fuentes Olivares and Rafael Gil Castillo, individually and d/b/a Tacos Y Mariscos Culiacan 21 (“Defendants”). The complaint is based on allegations that Defendants' unlawfully intercepted, 22 received, and exhibited "‘Number One': The Floyd Mayweather, Jr. v. Juan Manuel Marquez 23 Championship Fight Program" ("Program"), which was telecast on September 19, 2009. 24 On October 26, 2010, Plaintiff filed proofs of service indicating that Defendants were both 25 served on October 1, 2010, by substituted service on Yumey Rocha, the person in charge at Tacos Y 26 Mariscos Culiacan. The process server also mailed the documents to Defendants at the business 27 28 1 Dockets.Justia.com 1 2 address. Docs. 5 and 6. On November 10, 2010, pursuant to Plaintiff's request, the Clerk of the Court entered default 3 against both Defendants. Thereafter, Plaintiff filed a motion for default judgment on December 22, 4 2010. Defendants were served with a copy of the motion at their business address. 5 On February 9, 2011, the Court issued Findings and Recommendation that Plaintiff’s motion 6 for default judgment be granted. The Findings and Recommendation contained notice that any 7 objections were to be filed within thirty (30) days of the date of service of the order. 8 To date, Defendants have not filed any objections. However, Defendants appeared for a 9 Scheduling Conference on March 14, 2011. Defendants apparently were unaware that the 10 Scheduling Conference had been taken off calendar after the Court issued its Findings and 11 Recommendation. Doc. 14. Defendants explained to the Clerk’s Office the following: (1) On 12 January 4, 2011, Defendants received information from the Clerk’s Office regarding the Scheduling 13 Conference set for March 14, 2011; (2) Defendants believed that they were not required to act until 14 the Scheduling Conference; and (3) The business address used for service reportedly does not receive 15 delivery of mail. 16 17 18 Based on Defendants’ efforts to appear and potential issues regarding service, the Court HEREBY ORDERS as follows: 1. The deadline to file any written objections to the Findings and Recommendation is 19 extended fourteen (14) days from service of this Order. No further extensions will be 20 permitted absent a showing of good cause. 21 2. Within fourteen (14) days of service of this Order, Defendants are directed to: 22 (a) file written objections to the Findings and Recommendation, explaining 23 the circumstances leading to entry of default, Defendants’ efforts to appear in 24 this matter and the receipt of mail at Defendants’ business address. The 25 document should be clearly titled “Objections to Magistrate Judge’s Findings 26 and Recommendation;” and/or 27 (b) contact Plaintiff’s counsel, Thomas Peter Riley, Jr. According to the Court 28 2 1 docket, counsel may be contacted at 1114 Fremont Ave., South Pasadena, CA 2 91030. The telephone number is (626) 799-9797. 3 3. 4 The Clerk of the Court is directed to serve Defendants with a copy of this order at the following address: 5 P.O. Box 1861 Winton, CA 95388 6 7 IT IS SO ORDERED. 8 Dated: 3b142a March 14, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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