Aries Music Entertainment, Inc. v. Angelica's Record Distributors, Inc.

MEMORANDUM

Angelica’s Record Distributors and its President, Melek Portillo (“defendants”) appeal the district court’s order denying their Rule 55(c) motion to set aside its entry of default judgment for copyright infringement, in violation of 17 U.S.C. §§ 101 , 501. The defendants also appeal the district court’s order dismissing their Rule 60(b) motion for relief from judgment. We affirm.

The district court did not abuse its discretion when it denied the defendants’ Rule 55(c) and 60(b) motions. See Franchise Holding II v. Huntington Rests. Group, Inc., 375 F.3d 922 , 925 (9th Cir.2004) (Rule 55(c) motion); Fantasyland Video, Inc. v. Cnty. of San Diego, 505 F.3d 996, 1005 (9th Cir.2007) (Rule 60(b) motion). There were no notice or personal jurisdictional defects in the default judgment against either defendant. Both were properly served and had notice of the litigation, but failed to respond or appear, making the default judgment proper. See Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694, 700 , 108 S.Ct. 2104 , 100 L.Ed.2d 722 (1988).

The district court had personal jurisdiction over both defendants. Aries Music Entertainment has its principal place of business in…