Opinion
Case No. 2:17-cv-00664-DN
12-23-2020
ME2 PRODUCTIONS, INC., Plaintiff, v. MARIA TORRES, ET AL., Defendants.
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DEFAULT JUDGMENT
Plaintiff ME2 Productions, Inc. seeks entry of default judgment, a permanent injunction, and an award of attorney's fees against William Charles. Specifically, Plaintiff seeks an award of $10,000 in statutory damages against Defendant; a permanent injunction enjoining Defendant from directly or indirectly infringing Plaintiff's copyright in the motion picture Mechanic: Resurrection; and an award of costs and attorney's fees.
Plaintiff's Motion for Default Judgment, Permanent Injunction and Attorney's Fees as to Certain Defendants ("Motion"), docket no. 86, filed Dec. 22, 2020.
Id. at 2.
Plaintiff's counsel in this case is the same as the plaintiff's counsel in LHF Productions, Inc. v. Gonzales et al., No. 2:17-cv-00103-DN (D. Utah). A complaint and motion for default judgment were filed in Gonzales, which are substantively identical to those filed in this case. The only relevant differences are: the named plaintiff; the copyrighted work; and the named defendants.
Amended Complaint for Copyright Infringement and Jury Demand, ECF No. 81 in Gonzales, filed June 20, 2019.
Plaintiff's Motion for Default Judgment Permanent Injunction and Attorney's Fees as to Certain Defendants, ECF No. 96 in Gonzales, filed June 29, 2020.
Amended Complaint for Copyright Infringement and Jury Demand ("Complaint"), docket no. 68, filed June 24, 2019; Motion.
On October 28, 2020, a Memorandum Decision and Order Granting in Part and Denying in Part Motion for Default Judgment was entered in Gonzales ("Gonzales Memorandum Decision and Order"). Because this case and Gonzales are substantively identical, the Gonzales Memorandum Decisions and Order's analysis, findings of fact, and conclusions of law are adopted in total and apply to Plaintiff's Motion in this case.
ECF No. 101 in Gonzales, filed Oct. 28, 2020 ("Gonzales Memorandum Decision and Order").
Id. at 2-25.
Defendant was served with Plaintiff's Complaint; failed to timely appear and respond; and the Clerk has entered the default of Defendant. Additionally, the factual allegations of Plaintiff's Complaint, which are deemed admitted, demonstrate that Defendant is liable for willfully infringing Plaintiff's copyright in the motion picture Mechanic: Resurrection through use of BitTorrent protocols over the Internet.
Proof of Service Declaration of Todd E. Zenger, docket no. 70, filed June 2, 2020.
Entry of Default Pursuant to FRCP 55(a) as to a Certain Defendant, docket no. 85, filed Dec. 8, 2020.
Tripodi v. Welch, 810 F.3d 761, 764-65 (10th Cir. 2016).
17 U.S.C. §§ 411(a), 501; La Resolana Architects, PA v. Reno, Inc., 555 F.3d 1171, 1177-1180 (10th Cir. 2009).
Therefore, Plaintiff is entitled to entry of a default judgment against Defendant, which includes an award of statutory damages against Defendant and a permanent injunction enjoining Defendant from directly or indirectly infringing Plaintiff's copyright. Plaintiff is also entitled to an award of its costs and reasonable attorney's fees. But because an award of $750 in statutory damages against Defendant is just under the circumstances, rather than the $10,000 requested, Plaintiff's Motion is GRANTED in part and DENIED in part.
Id. § 502(a).
Id. § 505.
Gonzales Memorandum Decision and Order at 4-25.
Docket no. 86, filed Dec. 22, 2020.
ORDER
IT IS HEREBY ORDERED that Plaintiff's Motion is GRANTED in part and DENIED in part. Default judgment shall enter in favor of Plaintiff and against Defendant William Charles. The default judgment shall include an award to Plaintiff of $750 in statutory damages against Defendant and a permanent injunction enjoining Defendant from directly or indirectly infringing Plaintiff's copyright in the motion picture Mechanic: Resurrection. Plaintiff is also entitled to an award of its costs and reasonable attorney's fees, the amount of which shall be determined by subsequent motion.
Docket no. 86, filed Dec. 22, 2020. --------
IT IS FURTHER ORDERED that any motion for attorney's fees must be filed within 14 days after the default judgement's entry.
The Clerk is directed to close the case.
Signed December 23, 2020.
BY THE COURT
/s/_________
David Nuffer
United States District Judge