Opinion
No. 2:16-cv-1834 KJM DB
12-05-2016
SNUBA INTERNATIONAL, INC., a Nevada Corporation, Plaintiff, v. KIRK GREEN, AN INDIVIDUAL, and WHEELS-2-GO LLC, a Florida Limited Liability Company, Defendants.
ORDER
On November 4, 2016, plaintiff filed a motion for default judgment. (ECF No. 14.) That motion is scheduled for hearing before the undersigned on December 8, 2016. However, the undersigned has determined that further briefing would be beneficial prior to the hearing of plaintiff's motion. Accordingly, the hearing of plaintiff's motion will be continued to January 6, 2017.
In this regard, plaintiff is directed to address the court's exercise of personal jurisdiction over the defendants. See generally Walden v. Fiore, 134 S.Ct. 1115, 1123 (2014) ("A forum State's exercise of jurisdiction over an out-of-state intentional tortfeasor must be based on intentional conduct by the defendant that creates the necessary contacts with the forum."); Picot v. Weston, 780 F.3d 1206, 1212 (9th Cir. 2015) ("For claims sounding in tort, we instead apply a 'purposeful direction' test and look to evidence that the defendant has directed his actions at the forum state, even if those actions took place elsewhere."); CytoSport, Inc. v. Monster Muscle, Inc., No. 2:11-cv-1147 WBS DAD, 2013 WL 268742, at *4 (E.D. Cal. Jan. 23, 2013) ("Plaintiff's complaint simply asserts that defendant's actions constitute intentional infringement and that jurisdiction is proper in California because that is where plaintiff, holder of the trademarks, was harmed. Such general allegations, however, are insufficient to establish that defendant's conduct was expressly aimed at California.").
Accordingly, IT IS HEREBY ORDERED that:
1. The December 8, 2016 hearing of plaintiff's motion for default judgment (ECF No. 14) is continued to January 6, 2017, at 10:00 a.m. in courtroom number 27 before the undersigned; and
2. On or before December 23, 2016, plaintiff shall file a supplemental brief, no longer than 10 pages, addressing the court's ability to exercise personal jurisdiction over the defendants. DATED: December 5, 2016.
DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE DLB:6
DB\orders\orders.civil\snuba1834.pers.jx.cont.ord