Joe Hand Promotions Incorporated v. ECM Enterprises LLC

Opinion

1 WO 2 3 4 5

9 Joe Hand Promotions Incorporated, No. CV-24-00427-PHX-KML

10 Plaintiff, ORDER

11 v.

12 ECM Enterprises LLC, et al.,

13 Defendants. 14 15 Plaintiff Joe Hand Promotions Inc. seeks default judgment. (Doc. 21.) According to 16 that motion, the amended complaint filed on May 30, 2023, “charged the Defendants with 17 a violation of Section 705 of the Federal Communications Act of 1934, as amended, 47 18 U.S.C. §§ 553 and 605.” (Doc. 21-1 at 2.) The amended complaint, however, asserts a 19 single claim for copyright infringement “in violation of 17 U.S.C. §§ 106 and 501.” (Doc. 20 6 at 6.) The Copyright Act found in Title 17 is not the same as the Communications Act 21 found in Title 47. See Joe Hand Promotions, Inc. v. Maupin, No. 215CV06355ADSAKT, 22 2018 WL 2417840, at *8 (E.D.N.Y. May 25, 2018) (noting “the Copyright Act and the 23 Communications Act . . . vindicate[] separate rights”). And the court cannot grant default 24 judgment on claims not alleged in the operative complaint. See Cripps v. Life Ins. Co. of 25 N. Am., 980 F.2d 1261, 1267 (9th Cir. 1992) (“[N]ecessary facts not contained in the 26 pleadings, and claims which are legally insufficient, are not established by default.”). 27 / 28 / 1 Accordingly, 2 IT IS ORDERED the Motion for Default Judgment (Doc. 21) is DENIED. Plaintiff 3 || shall file a renewed motion for default judgment no later than December 27, 2024. Failure 4|| to file a motion for default judgment will result in the dismissal of this suit for failure to || prosecute. 6 Dated this 18th day of December, 2024. 7

9 LY AQ TV. AA □ Honorable Krissa M. Lanham 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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