LIBERTY MEDIA HOLDINGS, LLC V. ERIC HENSON, No. 12-55574 (9th Cir. 2013)

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FILED APR 23 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LIBERTY MEDIA HOLDINGS, LLC, a California corporation, Plaintiff - Appellant, No. 12-55574 D.C. No. 3:11-cv-00652-MMABLM v. MEMORANDUM* ERIC HENSON, Defendant - Appellee. Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding Submitted April 16, 2013** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Liberty Media Holdings, LLC ( Liberty ) appeals from the district court s judgment dismissing its copyright infringement action for lack of personal * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). jurisdiction. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Sher v. Johnson, 911 F.2d 1357, 1360 (9th Cir. 1990). We reverse and remand. The district court improperly dismissed Liberty s action because it did not first give Liberty notice and an opportunity to assert facts to support the court s exercise of personal jurisdiction over Henson. See Tuli v. Republic of Iraq (In re Tuli), 172 F.3d 707, 712-13 (9th Cir. 1999) (court erred in failing to give plaintiff notice and an opportunity to present facts supporting personal jurisdiction before declining to enter a default judgment on the ground that such a showing had not been made). Accordingly, we reverse the judgment dismissing Liberty s action and remand to the district court for further proceedings. REVERSED and REMANDED. 2 12-55574

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