Summary
finding request for injunctive relief proper under Rule 55(b)
Summary of this case from Operating E. Local No. 101 v. Christiansen-Foust SteelOpinion
Case No. 00-4099-RDR.
February 12, 2001.
ORDER
This is a copyright infringement action brought by plaintiffs against the Bait Shack, Inc., a Kansas corporation doing business as Stanley's Bait Shack, a nightclub in Shawnee Mission, Kansas; and Jeffrey A. Palmer, the president and director of Bait Shack, Inc. This matter is presently before the court upon plaintiffs' motion for default judgment.
This case was filed on June 15, 2000. In their complaint, plaintiffs alleged five claims of copyright infringement that occurred on November 19, 1999 at Stanley's Bait Shack. The defendants were personally served with process on September 13, 2000. The clerk made an entry of default pursuant to Fed.R.Civ.P. 55(a) on November 9, 2000. To date, defendants have failed to file an answer or other pleadings with this court. Accordingly, the court finds that the plaintiffs are entitled to default judgment pursuant to Fed.R.Civ.P. 55(b)(2).
Plaintiffs have requested injunctive relief, statutory damages, attorneys' fees and costs. The court finds that all requested relief is proper. The defendants shall be permanently enjoined from performing or allowing the performance of the copyrighted musical compositions involved in this action until such time as defendants have received the proper authorization for such performance from the plaintiffs or their agents. The court further finds that plaintiffs shall be awarded $2,500.00 for each count of copyright infringement pursuant to 17 U.S.C. § 504(c). In addition, the court shall award attorneys' fees and costs pursuant to 17 U.S.C. § 505. Plaintiffs' counsel has documented a total of 8.25 hours spent on this case and has requested fees in the amount of $1,356.00. Plaintiffs have also requested costs in the amount of $231.24. The court finds all of these figures reasonable.
IT IS THEREFORE ORDERED that plaintiffs' motion for default judgment (Doc. # 6) be hereby granted. Judgment shall be entered for the plaintiffs and against the defendants on all claims.
IT IS FURTHER ORDERED that defendants and all persons acting under their direction, control, permission or authority be permanently enjoined and restrained from publicly performing the compositions involved in this action, and from causing or permitting these compositions to be broadcast from any place owned, controlled or conducted by them, and from aiding and abetting the public performance of these compositions in any such place until such time as the defendants have received the proper authorization for such performance from the plaintiffs or their agents.
IT IS FURTHER ORDERED that plaintiffs be awarded statutory damages against the defendants in the amount of $12,500.00.
IT IS FURTHER ORDERED that plaintiffs be awarded attorneys' fees against the defendants in the amount of $1,356.00.
IT IS FURTHER ORDERED that plaintiffs be awarded costs against the defendants in the amount of $231.24.
IT IS SO ORDERED.