EMI April Music Inc et al v. Carolina Machuca et al

Filing 19

JUDGMENT by Judge Dale S. Fischer: 1. Defendants and their respective agents, servants, employees, attorneys, and those persons or entities in active participation and concert with them, are enjoined from publicly performing, or causing or permitting to be publicly performed, in their business establishment known as Shooters Nightclub (f/k/a Rubys Restaurant), located at 1360 East Main Street, in Barstow, in the State of California, or in any other place owned, controlled or operated by Defendan ts, and any copyrighted musical composition owned by Plaintiffs, including any copyrighted musical composition in the repertory of Plaintiffs performing rights licensing organization, the American Society of Composers, Authors and Publishers (ASCAP), without first obtaining proper authorization to do so; and 2. Plaintiffs are awarded damages in the sum of $ 6,000.00 for each count of copyright infringement, for a total of $ 18,000.00; attorneys fees in the amount of $ 8,115.75; costs of this action; and interest as permitted by 28 U.S.C. § 1961. (MD JS-6, Case Terminated). (shb)

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1 2 3 4 5 JS-6 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 EMI APRIL MUSIC INC., MUSIC SALES CORP., CONTROVERSY MUSIC AND STONE CITY MUSIC, 15 JUDGMENT Plaintiffs, 13 14 Case No. CV 11-9893 DSF (FFMx) vs. CAROLINA MACHUCA AND FRANCISCO ABEL MACHUCA, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 Defendants Carolina Machuca and Francisco Abel Machuca (“Defendants”) having failed to answer or otherwise respond to the Complaint in this action and their Default having been entered by the Clerk, NOW, upon the Application of the Plaintiffs and Good Cause appearing therefor, judgment is entered as follows: 1. Defendants and their respective agents, servants, employees, attorneys, and those persons or entities in active participation and concert with them, are enjoined from publicly performing, or causing or permitting to be publicly performed, in their business establishment known as Shooters Nightclub (f/k/a Ruby’s Restaurant), located at 1360 East Main Street, in Barstow, in the State of 1 California, or in any other place owned, controlled or operated by Defendants, and 2 any copyrighted musical composition owned by Plaintiffs, including any copyrighted 3 musical composition in the repertory of Plaintiffs’ performing rights licensing 4 organization, the American Society of Composers, Authors and Publishers 5 (“ASCAP”), without first obtaining proper authorization to do so; and 6 2. Plaintiffs are awarded damages in the sum of $ 6,000.00 for each count 7 of copyright infringement, for a total of $ 18,000.00; attorney’s fees in the amount of 8 $ 8,115.75; costs of this action; and interest as permitted by 28 U.S.C. § 1961. 9 Dated: February 9, 2012 _____________________ 10 11 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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