Fifth Circuit – Copyright Law – Default Judgment For Failure To Comply With Local Rules/Delay Upheld

Bulletlink.comIn  Sindhi v. Raina, 905 F.3d 327 (5th Cir. 2018): the Fifth Circuit affirmed a trial court's refusal to vacate a default judgment in a copyright infringement action.  The action was commenced in Texas against an Indian national residing in India for misappropriating software and trade secrets.   The action claimed that defendant Raina stole source code from an online content management system ("CMS") and used it to launch a competing CMS business.   Sindhi served Raina in India pursuant to the Hague Convention.Raina responded with a motion to dismiss, but failed to file 1. a statement of interested persons; 2. have an attorney admitted to practice in the Northern District of Texas; and 3. have local counsel.   The court issued warnings that Raina ignored.  The court entered a default judgment.Months later Raina moved to vacate under Rule 60(b)(4) of the Federal Rules of Civil…

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