Albert A Berger v. J Patrick Johnson et al

Filing 30

ORDER by Judge Otis D Wright, II: granting 23 plaintiffs Motion for Default Judgment. (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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Case No. CV 11-06166-ODW (JEMx)

ALBERT A. BERGER, doing business )
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as Pro Rodeo Pix,
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Plaintiff,
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v.
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J. PATRICK JOHNSON, an individual; )
JOHN EDWARD STEPHEN SMITH, )
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an individual; TODD DORFF, an
individual doing business as Mason Bay )
Media; JS RODEO, a Limited Liability )
Company; and DOES 1-10, inclusive )
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Defendants.
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Order GRANTING Plaintiff’s Motion
for Default Judgment [23]

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Pending before the Court is Plaintiff Albert A. Berger, doing business as Pro

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Rodeo Pix’s (“Plaintiff”) January 17, 2012 Motion for Default Judgment against

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Defendant Todd Dorff (“Dorff”). (Dkt. No. 23.) Having considered the papers filed in

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support of the instant Motion, the Court deems this matter appropriate for decision

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without oral argument. See Fed. R. Civ. P. 78; C. D. Cal. L. R. 7-15. For the following

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reasons, the Court GRANTS Plaintiff’s Motion.

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The Clerk entered default against Dorff on December 19, 2011, and Plaintiff

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correctly asserts that Default Judgment by the Court against Defendant is now warranted.

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Having carefully considered Plaintiff’s motion papers, pleadings, and supporting
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declarations in light of the seven factors enumerated in Eitel v. McCool, 782 F.2d 1470,

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1471–72 (9th Cir. 1986), the Court finds sufficient evidence as to liability, willfulness of

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infringement, and damages. Accordingly, Plaintiff’s Motion is GRANTED as to liability

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and as to statutory damages for willful infringement in the amount of $150,000.00. See

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17 U.S.C. § 504(c)(2). Because Plaintiff has shown that he is entitled to judgment on his

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claim for copyright infringement, the Court likewise GRANTS Plaintiff’s request for

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injunctive relief pursuant to 17 U.S.C. § 502(a).

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As for Plaintiff’s request for attorneys’ fees, the Court finds Plaintiff’s request for

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attorneys’ fees in excess of the schedule set forth in Local Rule 55-3 is unmerited. As a

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result, the Court GRANTS Plaintiff’s request for reasonable attorneys’ fees in the amount

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of $6,600.00, calculated pursuant to Local Rule 55-3.1 In addition, the Court GRANTS

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Plaintiff’s request for costs incurred in this action in the amount of $904.88.

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Based on the foregoing, Plaintiffs’ motion for default judgment is GRANTED in

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its entirety. Judgment will be entered against Defendant in a subsequently filed Judgment

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in the amount of $157,504.88 ($150,000.00 [damages] + $6,600.00 [fees] + $904.88

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[costs]).

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IT IS SO ORDERED.

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February 14, 2012
__________ _______________

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HON. OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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Where the amount of judgment is in excess of $100,000.00, Local Rule 55-3 provides for an
attorneys’ fees award of $5,600.00 plus 2% of the amount over $100,000.00. Because the Court grants
statutory damages in the amount of $150,000.00, the Court arrives at $6,600.00 by adding $1,000.00
(2% of $50,000.00) to $5,600.00.
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