Opinion · District Court, D. Massachusetts

Canas v. Brama 1 Inc.

Canas v. Brama 1 Inc., No. 1:23-cv-11762, UP11119250 (District Court, D. Massachusetts Aug. 12, 2025)

Type
Opinion
Court
District Court, D. Massachusetts
Jurisdiction
Massachusetts
Date
2025-08-12
Topic
general

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS PAOLA CANAS, JESSICA “JESSA” HINTON, LUCY PINDER, MARIANA DAVALOS, SANDRA VALENCIA, AND URSULA MAYES, No. 23-cv-11762-DLC Plaintiffs, v. BRAMA 1 INC. D/B/A ECLIPSE BAR AND GRILL, RUA ENTERPRISES INC. D/B/A ECLIPSE BAR AND GRILL D/B/A ECLIPSE LOUNGE, Defendants. ORDER OF REASSIGNMENT AND REPORT AND RECOMMENDATION ON PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT AND DAMAGES CABELL, U.S.M.J.

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                 UNITED STATES DISTRICT COURT                            
                   DISTRICT OF MASSACHUSETTS                             


PAOLA CANAS, JESSICA “JESSA”                                             
HINTON, LUCY PINDER, MARIANA                                             
DAVALOS,  SANDRA  VALENCIA,                                              
AND URSULA MAYES,             No. 23-cv-11762-DLC                        

              Plaintiffs,                                                

                   v.                                                    

BRAMA  1  INC.  D/B/A  ECLIPSE                                           
BAR    AND    GRILL,    RUA                                              
ENTERPRISES    INC.   D/B/A                                              
ECLIPSE BAR AND GRILL D/B/A                                              
ECLIPSE LOUNGE,                                                          

              Defendants.                                                


    ORDER OF REASSIGNMENT AND REPORT AND RECOMMENDATION ON               
      PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT AND DAMAGES                

CABELL, U.S.M.J.                                                          

    I.   Introduction                                                    
    The plaintiffs are professional models who contend that the          
defendants, operators of a nightclub in Lynn, Massachusetts, used         
their  images  without  permission  to  advertise  the  defendants’       
business on social media.  The complaint asserts federal question         
jurisdiction  under  
28 U.S.C. § 1331
(a)  based  on  claims  for       
violation of the Lanham Act, 
15 U.S.C. §§ 1125
(a)(1)(A) and (B),          
along with several state statutory and common law claims.                 
    The court previously entered an order of default against the         
defendants after they were served with the complaint but failed to        
respond.  (D. 12).  The plaintiffs now move for default judgment          
and damages in the amount of $132,500, plus costs and attorneys’          
fees.1  (D. 18).                                                          

    Given  the  opportunity  to  scrutinize  the  complaint  more        
closely, the court finds that the plaintiffs are not entitled to          
judgment or damages.  They are not entitled to judgment on their          
principal Lanham Act claims because the allegations fail, even if         
true,  to  show  the  plaintiffs  suffered  injuries  covered  by  the    
Lanham Act, or a real likelihood that consumers might be misled to        
believe each model actually endorsed the nightclub.  For these            
reasons the complaint fails to plead valid Lanham Act claims and          
the  claims  should  be  dismissed  pursuant  to  Fed.  R.  Civ.  P.      
12(b)(6).  Assuming this conclusion is endorsed, the record does          
not  support  exercising  discretionary  supplemental  jurisdiction       
over the remaining state claims and they therefore also should be         

dismissed, without prejudice.                                             
    Accordingly, the court has set aside the entry of default it         
previously entered.  (D. 19).  The court will also order that the         
case be redrawn to a district judge and recommend upon reassignment       
that  the  district  judge  deny  the  pending  motion  for  default      
judgment and thereafter dismiss the complaint.                            

1 Although the plaintiffs’ motion is titled as a motion for “entry of default,” 
it is in fact a motion for default judgment, and the court for that reason 
refers to it that way.                                                    
                               2                                         
    II.  Legal Standard                                                  
    Under Rule 55(a) of the Federal Rules of Civil Procedure,            
“[w]hen a party against whom a judgment for affirmative relief is         

sought has failed to plead or otherwise defend, and that failure          
is  shown  by  affidavit  or  otherwise,  the  clerk  must  enter  the    
party's default.”   Fed. R. Civ. P.   55(a).   After  an entry of         
default, a court may enter a default judgment under Rule 55(b)(2)         
upon  the  non-defaulting  party’s  request  if  “[the]  court  has       
jurisdiction over the subject matter and parties, the allegations         
in the complaint state a specific, cognizable claim for relief,           
and the defaulted party had fair notice of its opportunity to             
object.”  Auctus Fund, LLC v. ERHC Energy, Inc., No. 18-cv-10216-         
ADB, 
2019 WL 1316749
, at *2 (D. Mass. Mar. 21, 2019) (citing In re        
The Home Rests., Inc., 
285 F.3d 111, 114
 (1st Cir. 2002)).                
    A motion for default judgment is evaluated under the same            

standard of review as a motion for dismiss for failure to state a         
claim.  See Ramos-Falcon v. Autoridad de Energia Electrica, 
301 F.3d 1, 2
  (1st  Cir.  2002).    Thus,  the  court  must  examine  a    
plaintiff’s complaint, taking all well-pleaded factual allegations        
as true, to determine whether it alleges a cause of action.  
Id.
          
In  doing  so,  the  court  “sets  aside”  the  “complaint’s  legal       
conclusions in scrutinizing whether the facts that it provides            
demonstrates  [the  plaintiff’s]  entitlement  to  relief.”    Auctus     
                               3                                         
Fund, LLC v. Sauer Energy, Inc., 
444 F. Supp. 3d 279
, 285 (D. Mass.       
2020).                                                                    
    III.  The Complaint                                                  

    According  to  the  complaint,  the  defendants  operate   a         
nightclub in Lynn known as Eclipse Lounge.2  (D. 18 at 1, 2).  The        
defendants use social media to promote the nightclub and attract          
customers.  (D. 1 ¶ 43).                                                  
    The  plaintiffs  are  professional  models  who  earn  income        
through  modeling  and  by  licensing  their  images  for  commercial     
advertising purposes.  (D. 1 ¶ 18).  According to the complaint,          
the  defendants  altered  and  posted  the  plaintiffs’  images  on       
Eclipse’s social media accounts in a manner that falsely implied          
the plaintiffs were affiliated with, employed by, or endorsed the         
nightclub.  (D. 1 ¶ 20).  The plaintiffs did not authorize the            
defendants to alter or use their images and did not receive any           

compensation.  (D. 1 ¶ 49).                                               
    The plaintiffs’ images were used as follows:                         
    (1)  Paola Canas’ image (along with another woman’s image)           
         was posted on Instagram on November 25, 2019, and January       
         10, 2022;                                                       



2 The court refers to Eclipse Lounge as “Eclipse” or “the nightclub.”     

                               4                                         
    (2)  Jessica Hinton’s image was posted on Instagram on either        
         April 20, 2019, or November 11, 2021;3                          
    (3)  Lucy Pinder’s image was posted on Instagram on December         

         28, 2019;                                                       
    (4)  Mariana Davalos’ image was posted on Instagram on June          
         20, 2018, and June 24, 2018;                                    
    (5)  Sandra  Valencia’s  image  was  posted  on  Instagram  on       
         November 27, 2019; and                                          
    (6)  Ursula Mayes’ image was posted on Instagram on July 14,         
         2018.                                                           
    The complaint asserts 12 claims.  Counts One and Two assert          
federal claims for false advertising, 
15 U.S.C. § 1125
(a)(1)(B),          
and false association, 
15 U.S.C. § 1125
(a)(1)(A), respectively, in        
violation of the Lanham Act.  Counts Three through Twelve assert          
state claims for: common law violation of privacy (Count Three);          

statutory violation of privacy under M.G.L. c. 214, § 1B (Count           
Four); unauthorized use of one’s likeness in violation of M.G.L.          
c. 214, § 3A (Count Five); violation of the common law right of           
publicity  (Count  Six);  unfair  trade  practices  in  violation  of     
M.G.L.  c.  93A,  §  11  (Count  Seven);  defamation  (Count  Eight);     
negligence and respondeat superior (Count Nine); conversion (Count        

3 The complaint refers the court to exhibit B but that exhibit displays   
screenshots of two different Instagram posts, each depicting the image of a 
different woman.                                                          
                               5                                         
Ten)); unjust enrichment (Count Eleven); and quantum meruit (Count        
Twelve).  (D. 1 ¶¶ 86-187).                                               
    IV.  Discussion                                                      

         The Federal Lanham Act Claims                                   
    As  noted  above,  a  plaintiff  seeking  entry  of  a  default      
judgment must show that (1) the court has jurisdiction over the           
claims at issue; (2) the claims assert a cognizable claim for             
relief; and (3) there has been fair notice to the defaulted party         
of its opportunity to object.  See, e.g., Auctus Fund, 
2019 WL 1316749
,  at  *2.    The  court  presumes  that  the  first  and  third   
criteria are satisfied here where the plaintiffs assert federal           
claims and the docket reflects the defendants were served.  (D.           
9).    The  court  thus  focuses  on  whether  the  plaintiffs  assert    
cognizable claims, starting with the two federal Lanham Act claims.       
    Section 1125(a) of the Lanham Act provides two distinct bases        

for  liability:  false  advertising  under  §  1125(a)(1)(B)  (Count      
One), and false association under § 1125(a)(1)(A) (Count Two).            
Regarding Count One’s claim for false advertising, the plaintiffs         
must show that:                                                           
    the defendant made a false or misleading description of              
    fact  or  representation   of  fact  in  a   commercial              
    advertisement about [its] own or another's product; (2)              
    the misrepresentation is material, in that it is likely              
    to   influence  the   purchasing  decision;   (3)   the              
    misrepresentation actually deceives or has the tendency              
    to deceive a substantial segment of its audience; (4)                
                               6                                         
    the defendant placed the false or misleading statement               
    in interstate commerce; and (5) the plaintiff has been               
    or  is  likely  to  be  injured  as  a  result  of  the              
    misrepresentation, either by direct diversion of sales               
    or  by  a  lessening  of  goodwill  associated  with  its            
    products.                                                            

Cashmere & Camel Hair Mfrs. Inst. v. Saks Fifth Ave., 
284 F.3d 302, 310-11
 (1st Cir. 2002).                                              
    The Supreme Court has indicated that a threshold matter to           
address with respect to a § 1125(a) false advertising claim is            
whether  the  plaintiff  falls  within  the  Lanham  Act’s  “zone  of     
interests,” that is, whether the harm the plaintiff has reportedly        
suffered  is  the  type  of  harm  the  law  is  intended  to  protect    
against.  See Lexmark Int'l, Inc. v. Static Control Components,           
Inc.,  
572 U.S. 118, 129-31
  (2014)  (“First,  we  presume  that  a    
statutory  cause  of  action  extends  only  to  plaintiffs  whose        
interests fall within the zone of interests protected by the law          
invoked.”) (internal quotation omitted).                                  
    For  purposes   of  a  false   advertising  claim  under  §          
1125(a)(1)(B), this means that “a plaintiff must allege an injury         
to a commercial interest in reputation or sales.”  Id. at 131-32.         
The plaintiff also must show proximate cause, that is, they must          
show  that  the  economic  or  reputational  injury  they  suffered       
“flow[s] directly from the deception wrought by the defendant’s           
advertising,” which occurs when the deception causes consumers “to        
                               7                                         
withhold trade from the plaintiff.”  Id. at 133.  As such, it is          
not enough for a plaintiff to merely allege that a defendant’s use        
of their likeness caused the plaintiff to lose out on revenue they        

might have earned had the defendant properly licensed the image.          
See id. at 133; Ratchford v. Orange Lantern, Inc., 
720 F. Supp. 3d 64
, 77-78 (D. Mass. 2024) (finding that a defendants’ failure to          
pay licensing fees is not the type of injury covered under the            
Lanham Act).                                                              
    That is where Count One’s false advertising claim fails.  Even       
assuming the defendants used the plaintiffs’ likenesses without           
permission to advertise their business, the complaint fails to            
allege facts to show or even suggest that any plaintiff suffered          
a loss in future bookings or an injury to their reputation because        
of the defendants’ use of their image.  See e.g., Lexmark, 
572 U.S. at 133
 (“[R]eputational injury . . . occurs when [consumer           

deception]  causes  [consumers]   to  withhold  trade  from  the          
plaintiff.”); Meenaxi Enters., Inc. v. Coca-Cola Co., 
38 F.4th 1067
, 1077 (Fed. Cir. 2022) (No actionable injury where defendant’s       
misrepresentation did not result in loss of sales).                       
    To be sure, the complaint alleges that the defendants’ use of        
their images (1) deprived each plaintiff of the revenue she would         
have received had Eclipse paid to use their image, and (2) falsely        
implied  each  plaintiff  was  associated  in  some  way  with  the       
                               8                                         
nightclub.  (D. 1 ¶¶ 57-59).  As noted above, though, these claimed       
injuries were merely the incidental byproduct of the defendants’          
unauthorized  use  of  the  plaintiffs’  images  and  fall  short  of     

constituting the type of economic or reputational harm a plaintiff        
must suffer to assert a valid Lanham Act false advertising claim.         
See Ratchford, 720 F. Supp. 3d at 64, 77-78.                              
    Notably, another court in this district has found——in a case         
brought by many of the same plaintiffs, in an effectively identical       
factual  context——that  the  plaintiffs  failed  to  assert  a  valid     
Lanham Act false advertising claim where the facts failed to show         
the  unauthorized  use  of  their  images  adversely  affected  their     
careers.    See  Ratchford,  720  F.  Supp.  3d  at  77-78  (denying      
plaintiffs’  motion  for  summary  judgment  because  “none  of  the      
plaintiffs could provide any evidence of even the slightest actual        
impact [the social media] postings had on their careers”).                

    The  Second   Circuit  has  also   concluded  similarly   in         
considering a practically indistinguishable case involving many of        
the same  models  as in this case.   See  Souza v. Exotic Island          
Enterprises, Inc., 
68 F.4th 99
 (2nd Cir. 2023).  In Souza, the            
district court granted summary judgment in the defendant’s favor          
on the plaintiffs’ false advertising claim and the court of appeals       
affirmed on the ground that the plaintiffs could not show that            

                               9                                         
they suffered any injury “flowing from the deception wrought by           
the defendant’s advertising.”  
Id. at 118-20
.                             
    Accordingly, even assuming the plaintiffs lost out on revenue        

they would have received had the defendants paid to use their             
images, and/or were falsely linked to an establishment with whom          
they in fact had no personal or professional association, they            
fail to assert a valid Lanham Act false advertising claim because         
they  have  not  alleged  or  shown  that  the  use  of  their  images    
adversely impacted their career or reputation.  Count One therefore       
fails to plead a valid claim.  See Ratchford, 720 F. Supp. 3d at          
77-78; Souza, 68 F.4th at 118-20.                                         
    Regarding  Count  Two’s  false  association  claim  under  §         
1125(a)(1)(A), a plaintiff seeking relief must allege and show            
that  the  defendant’s  use  of  their  image  was  likely  to  cause     
consumer confusion: that is, it was likely to “deceive the public         

into believing that they endorsed, sponsored, or approved of the          
defendant’s product.”  Greenberg v. PATHS Program Holding, LLC            
(AZ), No. 3:19-cv-30032-MGM, 
2024 WL 4012010
, at *15 (D. Mass.            
July  2,  2024)  (quoting  Advanced  Res.  Int’l,  Inc.  v.  Tri-Star     
Petroleum Co., 
4 F.3d 327, 334
 (4th Cir. 1993)); Gronk Nation, LLC        
v. Sully’s Tees, LLC, 
37 F. Supp. 3d 495, 498
 (D. Mass. 2014).            
    Count Two faces a conceptual hurdle from the start because           
Lanham  Act  false  association  claims  “mostly  relate  to  the         
                              10                                         
possibility of consumers mistaking one party’s good, service, or          
trademark  with  another.”    Am.  Bd.  of  Internal  Med.  v.  Salas     
Rushford, 
114 F.4th 42
, 64 (1st Cir. 2024).  That concern is of           

course not present here where the claim relates to the use of a           
model’s  image  on  social  media  rather  than  the  use  of  similar    
looking products or brands.  That said, a plaintiff may make out          
a false association claim based on the unauthorized use of their          
image or likeness, but these claims are typically called “false           
sponsorship”  or  “false  endorsement”  claims,  and  recovery  is        
typically limited to celebrity plaintiffs.  Ji v. Bose Corp., 
538 F. Supp. 2d 349, 351
 (D. Mass. 2008) (false sponsorship and false         
endorsement  claims  are  “traditionally  limited  to   celebrity         
plaintiffs”); see also Electra v. 59 Murray Ents., Inc., 
987 F.3d 233
, 258 (2d. Cir. 2021) (“The misappropriation of a completely           
anonymous face could not form the basis for a false endorsement           

claim, because consumers would not infer that an unknown model was        
‘endorsing’ a product, as opposed to lending her image to a company       
for a fee.”); ETW Corp. v. Jireh Pub., Inc.; 
332 F.3d 915, 925-26
         
(6th  Cir.  2003)  (“False  endorsement  occurs  when  a  celebrity’s     
identity is connected with a product or service in such a way that        
consumers are likely to be misled about the celebrity’s sponsorship       
or approval of the product or service.”); White v. Samsung Elecs.         
Am., Inc., 
971 F.3d 1395
, 1400 (9th Cir. 1992) (“If [the plaintiff]       
                              11                                         
is unknown to the segment of the public at whom [the defendant’s]         
ad was directed, then that segment could not be confused as to            
whether she was endorsing [the product].”).  Notably, the reason          

these cases typically are limited to celebrities or well-known            
figures is because the “good” to be protected “is not a particular        
product but instead the celebrity’s persona and goodwill.”  Gronk         
Nation, 
37 F. Supp. 3d at 498
.                                            
    This  precedent  may  not  legally  foreclose  the  plaintiffs’      
ability  to  bring  a  false  association  claim,  but  it  surely        
undermines it where the complaint fails to plead facts that would         
suggest any plaintiff was so well known and recognizable that her         
image alone might misleadingly be taken as a celebrity endorsement        
of the defendants’ nightclub.  See Ji, 
538 F. Supp. 2d at 351
 (the        
plaintiff  can  prevail  “only  if  [she]  can  prove  that  [the         
defendant’s] target audience was familiar with her personally”.).         

    While there appears to be no binding case law in this circuit        
addressing  how  to  assess  the  viability  of  a  celebrity  false      
endorsement claim, the Second Circuit has, consistent with the            
precedent cited above, endorsed an approach that focuses on first         
assessing  the   plaintiffs’  recognizability,   followed  by  a          
consideration of the likelihood of actual consumer confusion from         
the  use  of  their  persona,  along  with  any  evidence  that  the      
defendants’ actions were taken in bad faith.  See Souza, 
68 F.4th 12
                                         
at 110-15; Electra, 987 F.3d at 258.  The court finds that approach       
reasonable and instructive and chooses to apply it here.                  
    Regarding  the  first  factor,  the  complaint  does  assert  in     

conclusory  fashion  that  the  plaintiffs  are  all  “well-known”        
models, but it supports this assertion by claiming that each had          
made media appearances in the past and enjoys a strong following          
on  social  media.    Even  taken  as  true,  however,  these  facts      
mistakenly conflate a model’s degree of professional success with         
the level of her actual public recognizability.  They may speak to        
whether the model is gainfully employed but they do not speak to          
whether  consumers   actually  recognize   her  as   a   distinct         
personality.  See Toth v. 59 Murray Enters., Inc., No. 15 CIV.            
8028 (NRB), 
2019 WL 95564
, at *7 (S.D.N.Y. Jan. 3, 2019), aff'd           
sub nom. Electra v. 59 Murray Enters., Inc., 
987 F.3d 233
 (2d Cir.        
2021)  (“[W]hile  these  other  plaintiffs  have  participated  in        

promotional campaigns for a wide variety of brands and appeared in        
magazines,  TV  shows,  and  movies,  their  resumes  are  devoid  of     
evidence that they actually garnered recognition for any of their         
appearances.”).  A consideration of this factor thus does not favor       
the plaintiffs.                                                           
    Next,  the  plaintiffs  allege  “upon  information  and  belief”     
that  the  images  caused  actual  confusion,  but  this  conclusory      
assertion is also unavailing because “a plaintiff’s obligation to         
                              13                                         
provide the grounds of his entitlement to relief requires more            
than labels and conclusions.”  Ruiz Rivera v. Pfizer Pharms., LLC.,       
521 F.3d 76, 84
 (1st Cir. 2008) (internal citation omitted).  The         

complaint  lacks  well-pled  facts  showing  that  any  confusion         
actually occurred, or that any plaintiff is recognizable and known        
to  consumers.    Compounding  this,  the  social  media  postings        
themselves  do  not  tag  the  plaintiffs’  social  media  handles  or    
mention them by name.  Without concrete examples to corroborate           
the plaintiffs’ “information and belief,” the court finds that            
this factor also does not favor the plaintiffs.  See Ashcroft v.          
Iqbal,  
556 U.S. 662, 678
  (2009)  (“Threadbare  recitals  of  the     
elements  of  a  cause  of  action,  supported  by  mere  conclusory      
statements, do not suffice.”); Bell Atlantic Corp. v. Twombly, 
550 U.S. 544, 555
 (2007) (“[C]ourts are not bound to accept as true a         
legal  conclusion  couched  as  a  factual  allegation[.]”)  (quoting     
Papasan v. Allain, 
478 U.S. 265, 286
 (1986)).                             

    Lastly, the complaint alleges the defendants “intentionally          
altered” the images to make it appear as though the models endorsed       
or worked as entertainers at Eclipse with the goal of attracting          
clientele.  The complaint also claims that the defendants did this        
with the intent of causing irreparable harm to the plaintiffs by          
permanently depriving them of the right to use their images.  (D.         
1 at 13).  This assertion, also conclusory in nature, fails to            
                              14                                         
support  the  plaintiffs’  claim  because  it  is  difficult,  if  not    
impossible, to envision how the defendants’ misappropriation of           
the plaintiff’s likenesses could somehow permanently deprive any          

plaintiff of their right to use their image going forward, or             
evinces an intent to cause any plaintiff irreparable harm.  In the        
absence of specific facts bridging this logical gap, the court            
finds the assertion to be without force.                                  
    In sum, the pled facts, when viewed through a prism of common        
sense, suggest at best that the defendants used the plaintiffs’           
images  to  promote  their  nightclub  as  a  venue  frequented  by       
attractive  women.    Whatever  cause  of  action  these  facts  may      
support, a Lanham Act claim is not one of them.  The pled facts           
fail for Count One purposes to show that the defendants’ use of           
their images caused any plaintiff to suffer harm to their career          
or reputation and fail for Count Two purposes to show that the use        

of their image was likely to mislead any prospective patron into          
believing  that  the  plaintiff  was  a  well-known  personality  who     
endorsed  the  club.    Both  counts  therefore  merit  dismissal  for    
failure  to  state  a  valid  Lanham  Act  claim.    See  Ahmed  v.       
Hosting.com, 
28 F. Supp. 82, 91
 (D. Mass. 2014) (“Without pleading        
facts  that   assert  his   claims  fall  within   the  zone  of          
interest[,] . . . [Plaintiff’s] claims fail to establish standing         
under the Lexmark test.”); Silva v. Burts Bees, No. CIV. 01-53-B-         
                              15                                         
C, 
2001 WL 1349364
, at *8 (D. Me. Oct. 30, 2001) (“[P]laintiff            
must show likelihood of confusion to maintain a false association         
claim under the Lanham Act.”).  Consequently, the plaintiffs are          
also not entitled to judgment or damages.  See Rivera-Marcano v.          
Normeat  Royal  Dane  Quality,  
998 F.2d 34, 37
  (1st  Cir.  1993)     

(failure to prove any element bars recovery);  BASF Corp. v. Brian’s      
Auto Body, Inc., No. 4:18-cv-40183-DHH, 
2019 WL 13234373
, at *2           
(D. Mass. Dec. 9, 2019) (default judgment is only available when          
a plaintiff states a legally valid claim for relief).                     
    The Remaining State Law Claims                                       
    Assuming Counts One and Two are dismissed, the court would           
need to exercise its discretionary supplemental jurisdiction to           
adjudicate the remaining state law claims.  See 
28 U.S.C. § 1367
          
(“The  district  courts  may  decline  to  exercise  supplemental         
jurisdiction over a claim . . . if . . . the district court has           

dismissed all claims over which it had original jurisdiction[.]”).        
Given that the case has remained in its infancy and not progressed        
past the pleading stage, this court believes it would be most             
appropriate to decline to exercise supplemental jurisdiction over         
the remaining state law claims and dismiss those claims without           
prejudice.    
28 U.S.C. § 1367
(c)(3);  Rodriguez  v.  Doral  Mortg.    
Corp., 
57 F.3d 1168, 1177
 (1st Cir. 1995) (“As a general principle,       
the unfavorable disposition of a plaintiff’s federal claims at the        
                              16                                         
early stages of a suit, well before the commencement of trial,            
will trigger the dismissal without prejudice of any supplemental          
state-law claims.”); United Mine Workers of Am. v. Gibbs, 
383 U.S. 715, 726
 (1966) (“Certainly, if the federal claims are dismissed          
before trial, . . . the state claims should be dismissed as well);        
See Drake v. Sometimes Spouse, LLC, 
784 Fed. Appx. 602
, 605 (10th         
Cir. 2019) (affirming district court’s denial of motion for default       
judgment where federal claim was dismissed and court refused to           
exercise  supplemental  jurisdiction  over  remaining  state  law         
claims); Arizona Bd. of Regents v. Doe, 
555 F. Supp. 3d 805
, 820          
(D. Ariz. 2021) (same).                                                   













                              17                                         
    V.   Conclusion and Recommendation                                   
    In light of the foregoing, the court ORDERS that this case be        
redrawn for assignment to a district judge.  Upon reassignment,           

the court RECOMMENDS that Plaintiffs’ Motion for Entry of Default         
Against Defendants Brama 1 Inc. and Rua Enterprises, Inc. (D. 18)         
be DENIED.  The court further RECOMMENDS that the complaint be            
DISMISSED.  Specifically, the court should dismiss Counts One and         
Two for failure to state a valid claim and decline to exercise            
supplemental jurisdiction over Counts Three through Twelve, and           
consequently dismiss those claims without prejudice.4                     


                                  /s/ Donald L. Cabell                   
                                  DONALD L. CABELL, U.S.M.J.             

DATED:  August 12, 2025                                                   




4 The parties are hereby advised that under the provisions of Federal Rule of 
Civil Procedure 72(b), any party who objects to this recommendation must file 
specific written objections thereto with the Clerk of this Court within 14 days 
of  the  party's  receipt  of  this  Report  and  Recommendation.    The  written 
objections must specifically identify the portion of the proposed findings, 
recommendations, or report to which objection is made and the basis for such 
objections.  The parties are further advised that the United States Court of 
Appeals for the First Circuit has repeatedly indicated that failure to comply 
with Rule 72(b) will preclude further appellate review of the District Court's 
order based on this Report and Recommendation.  See Keating v. Sec’y of Health 
and Human Servs., 
848 F.2d 271
 (1st Cir. 1988); United States v. Emiliano 
Valencia-Copete, 
792 F.2d 4
 (1st Cir. 1986); Park Motor Mart, Inc. v. Ford Motor 
Co., 
616 F.2d 603
 (1st Cir. 1980); United States v. Vega, 
678 F.2d 376
, 378-
379 (1st Cir. 1982).                                                      
                              18