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J & J Sports Productions, Inc v. Armando Rios Torres

June 15, 2011

J & J SPORTS PRODUCTIONS, INC., PLAINTIFF,
v.
ARMANDO RIOS TORRES, INDIVIDUALLY AND D/B/A CAVOUR CLUB, DEFENDANT.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

STATUS (PRETRIAL SCHEDULING) ORDER READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND PARTIES MUST COMPLY.*fn1 FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT.

On June 9, 2011, this case was before the undersigned for a status (pretrial scheduling) conference. Attorney Thomas P. Riley appeared on behalf of plaintiff. Defendant, who is proceeding without counsel, appeared on his own behalf. Defendant failed to file a status report in advance of the scheduling conference. The undersigned enters the following scheduling order:

NATURE OF CASE

Plaintiff complaint alleges that defendant is liable for violations of 47 U.S.C. §§ 553, 605; California Business and Professions Code § 17200; and the tort of conversion under California law. (See generally Compl., Dkt. No. 1.) All of plaintiff's claims arise from defendant's alleged unlawful or unauthorized interception and broadcast of a closed-circuit feed of a boxing match called "'Firepower': Manny Pacquiao v. Miguel Cotto, WBO Welterweight Championship Fight Program," to which plaintiff allegedly held the exclusive commercial domestic distribution rights. (See id. ¶¶ 3, 9, 12, 19-20, 24, 30.) Defendant is alleged to be the owner, operator, licensee, permitee, or person in charge of a commercial establishment called the "Cavour Club," where the alleged interception and broadcast occurred. (Id. ¶ 7.)

SERVICE OF PROCESS

The undersigned finds that service of process is proper, having previously denied defendant's "Motion to Quash Service and Dismiss the Complaint." (Order, Apr. 25, 2011, Dkt. No. 20.) Defendant filed an answer to plaintiff's complaint on December 29, 2010. (Answer, Dkt. No. 6.)

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings will be permitted except with leave of court and upon a showing of good cause.

JURISDICTION/VENUE

Jurisdiction and venue are undisputed and are hereby found to be proper. See 28 U.S.C. §§ 1331 and 1391(b).

MOTION HEARING SCHEDULES

All law and motion, except as to discovery-related matters, shall be completed by March 1, 2012. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel (and/or pro se parties)*fn2 are cautioned to refer to the Local Rules regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. This paragraph does not preclude motions for continuances, temporary restraining orders or other emergency applications, and is subject to any special scheduling set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.

The parties should keep in mind that the purpose of law and motion is to narrow and refine the legal issues raised by the case and to dispose of by pretrial motion those issues that are susceptible to resolution without trial. To accomplish that purpose, the parties need to identify and fully research the issues presented by the case, and then examine those issues in light of the evidence obtained through discovery. If it appears to counsel after examining the legal issues and facts that an issue can be ...


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