LIBERTY MEDIA HOLDINGS, LLC, a California corporation v. Eric Henson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIBERTY MEDIA HOLDINGS, LLC, a
California corporation,
Plaintiff - Appellant,
v.
ERIC HENSON,
Defendant - Appellee.
No. 12-55574
D.C. No. 3:11-cv-00652-MMA-
BLM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Liberty Media Holdings, LLC (“Liberty”) appeals from the district court’s
judgment dismissing its copyright infringement action for lack of personal
FILED
APR 23 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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jurisdiction. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
Sher v. Johnson, 911 F.2d 1357, 1360 (9th Cir. 1990). We reverse and remand.
The district court improperly dismissed Liberty’s action because it did not
first give Liberty notice and an opportunity to assert facts to support the court’s
exercise of personal jurisdiction over Henson. See Tuli v. Republic of Iraq (In re
Tuli), 172 F.3d 707, 712-13 (9th Cir. 1999) (court erred in failing to give plaintiff
notice and an opportunity to present facts supporting personal jurisdiction before
declining to enter a default judgment on the ground that such a showing had not
been made).
Accordingly, we reverse the judgment dismissing Liberty’s action and
remand to the district court for further proceedings.
REVERSED and REMANDED.
12-55574 2

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