LaFarga v. Lowrider Arte Magazine

Full title: JOAQUIN LAFARGA. v. LOWRIDER ARTE MAGAZINE ET AL.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case No. SACV11-1501 DOC (MLGx)

Date published: Aug 24, 2012

Fact:

Before the Court are two motions: (1) a Motion to Dismiss filed by Defendant Source Interlink Magazines, LLC (erroneously sued as Lowrider Arte Magazine) (“Defendant”) (Dkt. 11); and (2) a Motion for Order Compelling United States Marshals Service to Comply with Court’s Order and Serve Complaint and Summons filed by Plaintiff Joaquin Lafarge (“Plaintiff”) (Dkt. 10). After reviewing the motions, opposition, and reply, the Court DENIES Defendant’s Motion and DENIES AS MOOT Plaintiff’s Motion.

Issue:

Conclusion: 

For the foregoing reasons, the Court DENIES Defendant’s Motion to Dismiss, and DENIES AS MOOT Plaintiff’s Motion for Order Compelling United States Marshals Service to Comply with Court’s Order and Serve Complaint and Summons on Defendant.

However, the Court ORDERS Plaintiff to show cause why this Court should not dismiss for failing to allege copyright registration. Plaintiff shall file a Response on or before September 17, 2012. If Plaintiff fails to do so, this Court shall dismiss WITH PREJUDICE . If Defendant wishes to file a Reply to that Response or to this Order to Show Cause, Defendant must do so on or before October 1, 2012.

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