Zumba Fitness LLC v. Eddie Rojas et al

Filing 16

ORDER by Judge Ronald S.W. Lew: granting 14 Plaintiff Zumba Fitness, LLC's Motion for Default Judgment. Accordingly, Default judgment is hereby entered against Defendant 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 $1,111.58. This judgment shall bear interest at the judgment rate from the date of entry until paid. (lom)

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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.

15 Eddie Rojas,
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Defendant.

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CV 11-05999-RSWL (DTBx)
ORDER Re: Plaintiff’s
Motion for Entry of
Default Judgment by
Court [14]

Currently before the Court is Plaintiff Zumba

20 Fitness, LLC’s (“Plaintiff”) Motion for Default
21 Judgment [14].

The Motion was set for hearing on

22 December 20, 2011, but taken under on submission on
23 December 9, 2011.

The Court having reviewed all papers

24 submitted pertaining to this Motion, NOW FINDS AND
25 RULES AS FOLLOWS:
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Plaintiff’s Motion for Default Judgment is hereby

27 GRANTED.

The Court finds that Plaintiff has satisfied

28 all procedural requirements necessary under Local Rule
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1 55-1 for entry of default judgment.

Specifically, the

2 Court finds that on September 8, 2011, the clerk
3 entered the default of Defendant Eddie Rojas
4 (“Defendant”);

Defendant is not an infant or

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

Further, the Court finds that the substantive

9 factors set forth in Eitel v. McCool, 782 F.2d 1470

10 (9th Cir. 1986) weigh in favor of granting default
11 judgment.

In addition, the Court finds that Defendant

12 committed acts of willful copyright and trademark

13 infringement; as such, an increased statutory damages
14 award is appropriate under the Copyright Act
15 § 504(c)(2) and Trademark Act § 1117(c)(2).
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Accordingly, Default judgment is hereby entered

17 against Defendant for damages in the amount of

18 $430,000.00, Plaintiff’s attorney's fees in the amount
19 of $5,600.00,
20 $1,111.58.

and costs of suit in the amount of

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: January 18, 2012.
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HONORABLE RONALD S.W. LEW
Senior, U.S. District Court Judge
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