Weiss
Weiss v. Cherry Pop Entertainment Group, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK WEISS, Case No. 21-cv-04944-JD
Plaintiff,
ORDER RE DEFAULT JUDGMENT
v.
CHERRY POP ENTERTAINMENT
GROUP, LLC,
11 Defendant.
12 Plaintiff Weiss filed a copyright infringement complaint alleging that defendant Cherry Pop Entertainment used on its website, www.retrojunkiebar.com, a 1981 photograph Weiss took of the legendary metal band, Van Halen. Dkt. No. 1. Weiss says that the United States Copyright Office registered the work in 2017, and that Cherry Pop published it without permission in 2018, which he discovered in January 2019. Id. at ¶¶ 18-21. Weiss served a summons and the complaint on Cherry Pop in July 2021. Dkt. No. 7. Cherry Pop did not appear or respond to the complaint. Weiss requested a clerk’s notice of default, which was entered in August 2021. Dkt. No. 14. In September 2021, Weiss filed a motion for default judgment. Dkt. No. 15. Approximately nine months have passed since then, with no response to the motion by Cherry Pop. …