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Berrocal v. Sheet Music Now Inc.

Court Sets Aside Certificate of Default Where Defendant Was Unaware Complaint Was Filed

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OPINION & ORDER Defendant moves to set aside the Clerk’s Certificate of Default entered in this action. For the reasons set forth below, Defendant’s motion is GRANTED. BACKGROUND¹ Plaintiff and non-party Online Sheet Music, Inc. (“OSMI”) entered into a license and distribution agreement which granted OSMI a non-exclusive right to use Plaintiff’s sheet music, including five specific works (“Licensing Agreement”). See Complaint (ECF No. 1) at

19-20. Defendant acquired these licenses from OSMI. See Memorandum of Law in Support of Defendant’s Motion to Set Aside Clerk’s Default (“Def. Memo.”) (ECF No. 26) at 3. On May 4, 2018, Plaintiff informed OSMI that it had not received royalty payments required under the Licensing Agreement since July 1, 2016. Id. at 30. In response, Plaintiff received a check from Defendant for $202.18 but did not receive an accounting for the royalties or payment, which was required under the Licensing Agreement. Id. at

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