Pacific Stock, Inc. V Macarthur & Company Inc.

Magistrate judge’s findings and recommendation to grant plaintiff’s motion for entry of default judgment as to defendant Dream Communications, Inc.

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Plaintiff PACIFIC STOCK, INC.’s Motion for Entry of Default Judgment as to Defendant Dream Communications, Inc. filed herein on June 20, 2012, [Doc. #17] having come on for hearing before the Court, the Honorable Barry M. Kurren, Magistrate Judge presiding, with J. Stephen Street appearing for the plaintiff and there being no appearance and no written submission by or on behalf of the Defendant DREAM COMMUNICATIONS, INC., the Court, after full consideration of Plaintiff’s motion and the entire record herein, makes the following

Findings and Recommendation:

FINDINGS OF FACT

1. This is an action for preliminary and permanent injunctive relief and damages against Defendant DREAM COMMUNICATIONS INC. (hereinafter “Defendant Dream Communications”) for copyright infringements in willful violation of the United States Copyright Act, 17 U.S.C. §§ 101 et seq. and for violations of the Digital Millennium Copyright Act 17 U.S.C. §1202.

2. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. §§ 1331 and 1338(a). Venue is proper in this district under 28 U.S.C. § 1400(a) and 28 U.S.C. §§ 1391(b) and 1391(c).

3. Plaintiff filed its Complaint herein on December 1, 2011.

4. Defendant Dream Communications was given a written request for waiver of service pursuant to the terms of Rule 4(d) FRCP together with a certified copy of the Complaint and Summons, but it failed to waive service

5. Defendant Dream Communications was personally served on April 19, 2012, and the Proof of Service was filed as Doc. #13 in this action. Based upon the service date of April 19, 2012, its Answer to the Complaint was due on May 10, 2012.

6. Defendant Dream Communications has failed to appear or otherwise respond to Plaintiff’s Complaint. more.....

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Published In: Intellectual Property Updates

Reference Info:Decision | Federal, 9th Circuit, Hawaii | United States

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