Opinion
2:17-cv-00016-DN
06-24-2021
LHF PRODUCTIONS, INC. Plaintiff, v. RICHARD FLESHER et al., Defendants.
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DEFAULT JUDGMENT
DAVID NUFFER, UNITED STATES DISTRICT JUDGE
Plaintiff LHF Productions, Inc. seeks entry of default judgment, a permanent injunction, and an award of attorney's fees against Defendants Richard Flesher and Sandy Ronning.Specifically, Plaintiff seeks an award of $10,000 in statutory damages against Defendants; a permanent injunction enjoining Defendants 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 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 Defendants; and the Defendants against whom default judgment is sought.
Plaintiff's Motion for Default Judgment, Permanent Injunction and Attorney's Fees as to Certain Defendants (“Motion”), docket no. 80, filed Jan. 28, 2021.
Id. at 2.
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, filed June 29, 2020.
Amended Complaint for Copyright Infringement and Jury Demand, docket no. 76, filed June 27, 2019; Motion, docket no. 80, filed Jan. 28, 2021.
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. Defendants were served with Plaintiff's Complaint; failed to timely appear and respond; and the Clerk has entered the default of Defendants. Additionally, the factual allegations of Plaintiff's Complaint, which are deemed admitted, demonstrate that Defendants are liable for willfully infringing Plaintiff's copyright in the motion picture London Has Fallen through use of BitTorrent protocols over the Internet.
ECF No. 101 in Gonzales, filed Oct. 28, 2020 (“Gonzales Memorandum Decision and Order”).
Id. at 2-25.
Affidavit of Service, docket no. 30, filed Jan. 17, 2018.
Entry of Default Pursuant to FRCP 55(a) as to Certain Defendants, docket no. 79, filed Jan. 14, 2021.
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 Defendants, which includes an award of statutory damages against Defendants and a permanent injunctionenjoining Defendants 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 Defendants 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.
Motion, docket no. 80, 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 Defendants. The default judgment shall include an award to Plaintiff of $750 in statutory damages against Defendants and a permanent injunction enjoining Defendants 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.
Motion, docket no. 80, 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.