Zumba Fitness LLC v. Walter Perissutti et al

Filing 22

ORDER Re: Plaintiff's Motion for Default Judgment by Court by Judge Ronald S.W. Lew. IT IS ORDERED that: Default judgment be entered against Defendant Walter Perissutti for damages in the amount of $430,000.00, Plaintiff's attorney's fees in the amount of $5,600.00, and costs of suit in the amount of $669.31. (bp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 Zumba Fitness, LLC,
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Plaintiff,
vs.

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15 Walter Perissutti
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Defendant.
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CV 11-05347-RSWL (FMOx)
ORDER Re: Plaintiff’s
Motion for Default
Judgment by Court [17]

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On November 8, 2011, Plaintiff Zumba Fitness, LLC’s

20 (“Plaintiff”) Motion for Default Judgment came on for
21 regular calendar before the Court [17].

The Court

22 having reviewed all papers submitted pertaining to this
23 Motion and having considered all arguments presented to
24 the Court, NOW FINDS AND RULES AS FOLLOWS:
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Plaintiff’s Application for Default Judgment is

26 hereby GRANTED.

The Court finds that Plaintiff has

27 satisfied all procedural requirements necessary under
28 Local Rule 55-1 for entry of default judgment.
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1 Specifically, the Court finds that on August 1, 2011,
2 the clerk entered the default of Defendant Walter
3 Perissutti (“Defendant”);

Defendant is not an infant

4 or incompetent person or in military service or
5 otherwise exempted under the Soldiers’ and Sailors’
6 Civil Relief Act of 1940; and Defendant did not appear
7 in this action.

Further, the Court finds that the

8 substantive factors set forth in Eitel v. McCool, 782
9 F.2d 1470 (9th Cir. 1986) weigh in favor of granting
10 default judgment.

In addition, the Court finds that

11 Defendant committed acts of willful copyright and
12 trademark infringement; as such, an increased statutory
13 damages award is appropriate under the Copyright Act
14 § 504(c)(2) and Trademark Act § 1117(c)(2).
15 THEREFORE, IT IS ORDERED that:
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Default judgment be entered against Defendant

17 Walter Perissutti for damages in the amount of
18 $430,000.00, Plaintiff’s attorney's fees in the amount
19 of $5,600.00, and costs of suit in the amount of
20 $669.31. This judgment shall bear interest at the
21 judgment rate from the date of entry until paid.
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23 IT IS SO ORDERED.
24 DATED: November 9, 2011.
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HONORABLE RONALD S.W. LEW
Senior, U.S. District Court Judge

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