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16-202 - Malibu Media, LLC v. Ofiesh


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16-202 - Malibu Media, LLC v. Ofiesh
June 19, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's # 26 motion for entry of a default judgment against Defendant is GRANTED. The Court further ORDERS that Defendant shall pay to Plaintiff the sum of $45,750.00 in statutory damages pursuant to 17 U.S.C. § 504(c)(1), and costs and attorney's fees in the amount of $1,562.00, pursuant to 17 U.S.C. § 505, for a total award of $47,312.00. The Court further ORDERS that Defendant shall pay post-judgment interest on this award at the current legal rate allowed and accruing under 28 U.S.C. § 1961, from the date of the entry of judgment in this case until Defendant has satisfied this judgment. The Court further ORDERS that the Court shall retain jurisdiction over this action for six months from the date of this Memorandum-Decision and Order or until Defendant satisfies the judgment, whichever occurs earlier, to entertain any such further proceedings and to enter any further orders that may be necessary or appropriate to implement and enforce the provisions of this judgment. The Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 6/19/2017. (nmk)
June 19, 2017
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JUDGMENT: It is ORDERED and ADJUDGED that Plaintiff's # 26 motion for entry of a default judgment against Defendant is GRANTED. The Court further ORDERS that, pursuant to this default judgment, Defendant shall pay to Plaintiff the sum of $45,750.00 in statutory damages pursuant to 17 U.S.C. § 504(c)(1), and costs and attorney's fees in the amount of $1,562.00, pursuant to 17 U.S.C. § 505, for a total award of $47,312.00. The Court further ORDERS that Defendant shall pay post-judgment interest on this award at the current legal rate allowed and accruing under 28 U.S.C. § 1961, from the date of the entry of judgment in this case until Defendant has satisfied this judgment. The Court further ORDERS that Defendant is hereby enjoined from directly, contributorily or indirectly infringing Plaintiff's rights under federal or state law in the 61 copyrighted works at issue in this case, including, without limitation, by using the internet, BitTorrent, or any other online media distribution system to reproduce, e.g., download, or distribute said works, or to make said works available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiff. The Court further ORDERS that Defendant shall destroy all copies of Plaintiff's copyrighted works that he has downloaded onto any computer hard drive or server without Plaintiff's authorization and shall destroy all copies of said works transferred onto any physical medium or device in Defendant's possession, custody or control. Judgment is entered in favor of Plaintiff. (nmk)