Broadcast Music, Inc. et al v. Bama Lanes, Inc. et al

Filing 19

JUDGMENT, in accordance with the opinion issued on this date, itis the ORDER, JUDGMENT, and DECREE of the court asfollows: (1) plaintiffs' 13 motion for default judgment against defendants Bama Lanes, Inc., Steven Lander, and Terri Lander is g ranted; (2) Judgment is entered in favor of plaintiffs, as further set out in order, and against defendants Bama Lanes, Inc., Steven Lander, and Terri Lander; (3) plaintiffs, as further set out in order, shall have and recover from defendants statuto ry damages of $30,000 divided, as further set out in order; (4) defendants Bama Lanes, Inc., Steven Lander, and Terri Lander, their officers, agents, servants, employees, and all persons acting under their permission and authority who receive ac tual notice of this injunction and judgment by personal service or otherwise, are each jointly and separately ENJOINED and RESTRAINED from directly or indirectly infringing plaintiffs, as further set out in order, copyright rights under federal or s tate law, whether now in existence or later created, that is owned, controlled, or licensed by plaintiffs; further ORDERING that reasonable attorneys' fees and costs are taxed against defendants Bama Lanes, Inc., Steven Lander, and Terri Lande r in the amount of $ 2,076.64, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP; the court shall retain jurisdiction over this action for the purpose of enforcing the judgment granted; this case is closed. Signed by Honorable Judge Myron H. Thompson on 12/12/13. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

BROADCAST MUSIC, INC.;
et al.,

)
)
)
Plaintiffs,
)
)
v.
)
)
BAMA LANES, INC. d/b/a The )
Blue Iguana Bar & Grill;
)
and STEVEN LANDER and TERRI )
LANDER, each individually, )
)
Defendants.
)

CIVIL ACTION NO.
2:13cv195-MHT
(WO)

JUDGMENT
In accordance with the opinion issued on this date, it
is

the

ORDER,

JUDGMENT,

and

DECREE

of

the

court

as

follows:
(1)

Plaintiffs

Abkco

Music,

Inc.,

Average

Joes

Entertainment Group, Big Gassed Hitties, Bocephus Music,
Inc., Broadcast Music, Inc., Capizzi Music Co., Cyanide
Punlishing,
Blackwood

Dimensional

Inc.,

Elderotto

Music
Music

Publishing
Publishing,

LLC,

EMI

Escatawpa

Songs, Gary S. Paxton Publications, Inc., Indiana Angel
Music,

Lucky

Thumb

Music,

Moebetoblame

Music,

Noah's

Little Boatmusic, Rondor Music International, Inc., Sea
Gayle Music LLC, Songs of Universal, Inc., Unichappel
Music Inc., and Warner-Tamerlane Publishing Corp.’s motion
for default judgment against defendants Bama Lanes, Inc.,
Steven Lander, and Terri Lander (doc. no. 13) is granted.
(2) Judgment is entered in favor of plaintiffs Abkco
Music, Inc., Average Joes Entertainment Group, Big Gassed
Hitties, Bocephus Music, Inc., Broadcast Music, Inc.,
Capizzi Music Co., Cyanide Punlishing, Dimensional Music
Publishing

LLC,

EMI

Blackwood

Inc.,

Elderotto

Music

Publishing, Escatawpa Songs, Gary S. Paxton Publications,
Inc., Indiana Angel Music, Lucky Thumb Music, Moebetoblame
Music,

Noah's

International,
Universal,

Little
Inc.,

Inc.,

Sea

Boatmusic,
Gayle

Unichappel

Music
Music

Rondor
LLC,

Music

Songs

Inc.,

of
and

Warner-Tamerlane Publishing Corp. and against defendants
Bama Lanes, Inc., Steven Lander, and Terri Lander .

2

(3)

Plaintiffs

Abkco

Music,

Inc.,

Average

Joes

Entertainment Group, Big Gassed Hitties, Bocephus Music,
Inc., Broadcast Music, Inc., Capizzi Music Co., Cyanide
Punlishing,
Blackwood

Dimensional

Inc.,

Music

Elderotto

Music

Publishing
Publishing,

LLC,

EMI

Escatawpa

Songs, Gary S. Paxton Publications, Inc., Indiana Angel
Music,

Lucky

Thumb

Music,

Moebetoblame

Music,

Noah's

Little Boatmusic, Rondor Music International, Inc., Sea
Gayle Music LLC, Songs of Universal, Inc., Unichappel
Music Inc., and Warner-Tamerlane Publishing Corp. shall
have and recover from defendants Bama Lanes, Inc., Steven
Lander, and Terri Lander

statutory damages of $ 30,000,

divided as follows:
$ 3,000

Broadcast Music, Inc.;
Bocephus Music, Inc.

$ 3,000

Broadcast Music, Inc.;
Moebetoblame Music

$ 3,000

Broadcast Music, Inc.;
Unichappell Music, Inc.

3

$ 3,000

Broadcast Music, Inc.;
Capizzi Music Co.; Gary S.
Paxton Publications, Inc.;
Dimensional Music
Publishing LLC

$ 3,000

Broadcast Music, Inc.;
Cyanide Publishing

$ 3,000

Broadcast Music, Inc.;
Rondor Music International

$ 3,000

Broadcast Music, Inc.;
Abkco Music, Inc.

$ 3,000

Broadcast Music, Inc.;
Songs of Universal, Inc.;
Escatawpa Songs

$ 3,000

Broadcast Music, Inc.;
Warner-Tamerlane
Publishing Corp.; Average
Joes Entertainment Group;
Brantley Keith Gilbert

$ 3,000

Broadcast Music, Inc.; EMI
Blackwood Music Inc.;
Warner-Tamerlane
Publishing Corp.; Cory J.
Glerman; Lee Thomas
Miller; Sea Gayle Music
LLC; James Allen Otto;
Jamey Van Johnson

(4) Defendants Bama Lanes, Inc., Steven Lander, and
Terri Lander, their officers, agents, servants, employees,
and

all

persons

acting

under
4

their

permission

and

authority who receive actual notice of this injunction and
judgment
jointly

by

personal

and

service

separately

or

ENJOINED

otherwise,
and

are

each

RESTRAINED

from

directly or indirectly infringing plaintiffs Abkco Music,
Inc.,

Average

Joes

Entertainment

Group,

Big

Gassed

Hitties, Bocephus Music, Inc., Broadcast Music, Inc.,
Capizzi Music Co., Cyanide Punlishing, Dimensional Music
Publishing

LLC,

EMI

Blackwood

Inc.,

Elderotto

Music

Publishing, Escatawpa Songs, Gary S. Paxton Publications,
Inc., Indiana Angel Music, Lucky Thumb Music, Moebetoblame
Music,

Noah's

International,
Universal,

Little
Inc.,

Inc.,

Sea

Boatmusic,
Gayle

Unichappel

Rondor

Music

LLC,

Music

Music

Songs

Inc.,

of
and

Warner-Tamerlane Publishing Corp.’s copyright rights under
federal or state law, whether now in existence or later
created,

that

is

owned,

controlled,

plaintiffs Abkco Music, Inc.,

or

licensed

by

Average Joes Entertainment

Group, Big Gassed Hitties, Bocephus Music, Inc., Broadcast
Music,

Inc.,

Capizzi

Music

5

Co.,

Cyanide

Punlishing,

Dimensional Music Publishing LLC, EMI Blackwood Inc.,
Elderotto

Music

Publishing,

Escatawpa

Songs,

Gary

S.

Paxton Publications, Inc., Indiana Angel Music, Lucky
Thumb Music, Moebetoblame Music, Noah's Little Boatmusic,
Rondor Music International, Inc., Sea Gayle Music LLC,
Songs of Universal, Inc., Unichappel Music Inc., and
Warner-Tamerlane Publishing Corp.
It is the further ORDER of this court that reasonable
attorneys’ fees and costs are taxed against defendants
Bama Lanes, Inc., Steven Lander, and Terri Lander in the
amount of $ 2,076.64, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
The court shall retain jurisdiction over this action
for the purpose of enforcing the judgment granted.
This case is closed.
DONE, this the 12th day of December, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE