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07-1027 - Hamlin v. Trans-Dapt of California, Inc.


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07-1027 - Hamlin v. Trans-Dapt of California, Inc.
November 3, 2008
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MEMORANDUM OPINION. Signed by Senior Judge Thomas Wiseman on 11/3/08. (dt)
November 3, 2008
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ORDER: For the reasons set forth in the accompanying Memorandum Opinion, Trans-Dapt's Motion for Summary Judgment 24 is GRANTED IN PART AND DENIED IN PART. Specifically, the Court finds that Trans-Dapt is entitled to judgment in its favor as a matter of law as to the first and third issues presented: Hamlin is entitled to a statutory damages award based upon the infringement of one copyrighted work; and Hamlin does not raise a viable claim for violation of the TCPA. The TCPA claim is therefore DISMISSED. Material factual disputes, however, preclude summary judgment on the question of whether Trans-Daptshould be considered an innocent infringer. Trans-Dapt's motion for partial summary judgment as to that claim is consequently DENIED. Signed by Senior Judge Thomas Wiseman on 11/3/08. (dt)