Opinion
2:19-cv-00371-DN
06-28-2021
LHF PRODUCTIONS, INC., Plaintiff, v. RUDY BERNAL, Defendant.
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DEFAULT JUDGMENT
DAVID NUFFER UNITED STATES DISTRICT JUDGE
District Judge David Nuffer Plaintiff LHF Productions, Inc. seeks entry of default judgment, a permanent injunction, and an award of attorney's fees against Defendant Rudy Bernal. 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 London Has Fallen; 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. 30, filed Jan. 28, 2021.
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 defendant.
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. 9, filed July 8, 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 default has entered against 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 London Has Fallen through use of BitTorrent protocols over the Internet.
Proof of Service, docket no. 20, filed July 28, 2020.
Entry of Default Pursuant to FRCP 55(a) as to a Certain Defendant, docket no. 29, filed Jan. 14, 2021. When the court mailed the Entry of Default to Defendant, it was returned as undeliverable due to an outdated address. No. new address was available. That does not prevent entry of default judgment against Defendant. Defendant was properly served with the Complaint in this action. Having been properly served, it is Defendant's responsibility to update his address with the court in the event that he moves to a new address.
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 injunctionenjoining 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, Plaintiffs Motion is GRANTED in part and DENIED in part.
Id. § 502(a).
Id. § 505.
Gonzales Memorandum Decision and Order at 4-25.
Docket no. 30, filed Jan. 28, 2021.
ORDER
IT IS HEREBY ORDERED that Plaintiffs Motion is GRANTED in part and DENIED in part. Default judgment shall enter in favor of Plaintiff and against Defendant Rudy Bernal. 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 Plaintiffs copyright in the motion picture London Has Fallen. 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. 30, filed Jan. 28, 2021.
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.