Sanrio Company Ltd v. $avage Clothing LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SANRIO COMPANY LTD et al., Case No. 2:23-cv-06107-SB-AS

Plaintiffs,

v.

ORDER TO SHOW CAUSE RE

$AVAGE CLOTHING LLC et al., PERSONAL JURISDICTION [DKT. NO. 17] Defendants.

Plaintiffs Sanrio Company Ltd and Sanrio Inc filed a lawsuit against Defendants $avage Clothing LLC and Michael Antonio Caruso alleging one claim for federal copyright infringement. Dkt. No. 1. After Defendants failed to respond or otherwise appear, Plaintiffs sought and the clerk entered default against Defendants. Dkt. Nos. 13, 14. Plaintiffs have moved for default judgment that is set to be heard on October 27, 2023. Dkt. No. 17. “In most circumstances, a defect in personal jurisdiction is a defense that may be asserted or waived by a party.” In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). But “[w]hen entry of judgment is sought against a party who has failed to plead or otherwise defend, a district court has an affirmative duty to look into its jurisdiction over both the subject matter and the parties.” Id. Whether specific personal jurisdiction exists is determined by a applying a three-part test: (1) The non-resident…