1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 HASSAN ALLAHYARI, Case No. 24-cv-0406-BAS-KSC

11 Plaintiff,

ORDER REQUESTING

12 v. SUPPLEMENTAL BRIEFING (ECF No. 10.) 13 SYED ZARQ ABBAS NAQVI, 14 Defendant. 15 16 Pending before the Court is Plaintiff Hassan Allahyari’s motion for default 17 judgment. (ECF No. 10.) After considering Plaintiff’s motion, the Court requests that 18 Plaintiff submit supplemental briefing on the following issues: 19 1. Whether this Court has personal jurisdiction over Defendant, particularly in 20 light of the holding in Werner v. Dowlatsingh, 818 Fed. App’x 671, 672 (9th 21 Cir. 2020) (memorandum disposition) (uploading copyright-protected photos 22 via videos uploaded to YouTube from another country “did not create a 23 substantial connection with California,” for purposes of personal jurisdiction 24 (citation omitted)). 25 2. Whether personal service of the Summons and Complaint on Defendant was 26 reasonably calculated to provide him notice given that the Summons and 27 Complaint are in English and there is no evidence that they were translated or 28 1 that Defendant speaks English. See Mullane v. Cent. Hanover Bank & Tr. 2 Co., 339 U.S. 306, 314 (1950). 3 3. Whether the requested injunction is moot in light of the fact that the offending 4 video is no longer posted to YouTube. 5 4. How the Court is to determine whether the substantive merits of the case 6 support default judgment where the Defendant’s allegedly infringing video 7 has been removed from the link Plaintiff provided the Court, and the 8 Complaint contains little information regarding either video’s contents 9 beyond the titles. 10 5. Whether Plaintiff's requested injunction that Defendant be ordered to remove 11 his YouTube Channel from YouTube exceeds what is requested in the 12 Complaint. 13 Accordingly, it is hereby ORDERED that Plaintiff is requested to file supplemental 14 || briefing with the Court no later than October 28, 2024. The briefing may not exceed ten 15 || pages. 16 IT IS SO ORDERED. 17 /) 18 || DATED: October 4, 2024 (Yin A (Lyohaa é 19 United States District Judge 20 21 22 23 24 25 26 27 28 4.