Broadcast Music Inc et al v. Spikes Sports Bar and Grill Inc et al

Filing 16

ORDER OF JUDGMENT by Judge Manuel L. Real, in favor of Abkco Music Inc, Broadcast Music Inc, Combine Music Corp, EMI Blackwood Music Inc, Evil Eye Music Inc, MJ Publishing Trust, Painted Desert Music Corporation, Sony ATV Songs LLC against Spikes Spo rts Bar and Grill Inc, Ismael Antonio Sevilla: IT IS HEREBY ORDERED AND ADJUDGED that: 1. Plaintiffs' Application for Entry of Default Judgment against Defendants Spikes Sports Bar & Grill Inc. d/b/a Spike's Sports Bar & Grill and Ismael An tonio Sevilla is GRANTED, this Court finding that Defendants infringed upon the copyrights of nine musical compositions owned and/or licensed by Plaintiffs. 2. Plaintiffs shall recover from Defendants Spikes Sports Bar & Grill Inc. d/b/a Spike's Sports Bar & Grill and Ismael Antonio Sevilla, jointly and severally, statutory damages in the sum of $18,000.00, representing an award of $2,000.00 for each of the nine musical compositions that Defendants have infringed, pursuant to 17 U .S.C. Section 504 (c) (1). 3. Plaintiffs shall recover from Defendants Spikes Sports Bar & Grill Inc. d/b/a Spikes Sports Bar & Grill and Ismael Antonio Sevilla, jointly and severally, full costs in this action, including reasonable attorney's f ees in the amount of $1,680.00, pursuant to 17 U.S.C. Section 505 and Local Rule of Court 55-3. 4. Plaintiffs shall recover from Defendants Spikes Sports Bar & Grill Inc. d/b/a Spike's Sports Bar & Grill and Ismael Antonio Sevilla, jointly and severally, interest on the full amount of this judgment, from the date of this judgment, pursuant to 28 U.S.C. Section 1961. 5. Defendants Spikes Sports Bar & Grill Inc. d/b/a Spike's Sports Bar & Grill and Ismael Antonio Sevilla, jointly an d severally, and their agents, servants, employees, and all persons acting under their permission or authority, shall be permanently enjoined and restrained from infringing, in any manner, the copyrighted musical compositions licensed by Broadcast Music, Inc. pursuant to 17 U.S.C. § 502. 6. This Court shall retain jurisdiction over this action for the purpose of enforcing the judgment granted. (MD JS-6, Case Terminated). (bm)

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JS-6

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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. CV11-10753-R (AJWx)
BROADCAST MUSIC, INC.; MJ
PUBLISHING TRUST d/b/a MIJAC
[Honorable Manuel L. Real]
MUSIC; EVIL EYE MUSIC, INC.; MJ
PUBLISHING TRUST d/b/a MIRAN
PUBLISHING INC; EMI BLACKWOOD
MUSIC, INC.; COMBINE MUSIC
ORDER OF JUDGMENT
CORP.; SONY/ATV SONGS LLC d/b/a
SONY/ATV TREE PUBLISHING;
ABKCO MUSIC, INC.; PAINTED
DESERT MUSIC CORPORATION,
Plaintiffs,

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vs.

SPIKES SPORTS BAR & GRILL INC.
d/b/a SPIKE’S SPORTS BAR & GRILL
and ISMAEL ANTONIO SEVILLA,
individually.
Defendants

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This matter came before the Court for hearing on Plaintiffs' Application for

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Entry of Default Judgment on September 17, 2012. Penny M. Costa of Ballard

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Spahr LLP appeared on behalf of Plaintiffs; defendant Ismael Antonio Sevilla

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[PROPOSED] ORDER OF JUDGMENT

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appeared on behalf of Defendants. The Court, having reviewed the matter,

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considered the pleadings and accompanying declarations and memorandum

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submitted in support of the Application and the oral arguments offered by the

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respective parties, and being fully informed of the relevant facts and law, GRANTS

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the Application.

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IT IS HEREBY ORDERED AND ADJUDGED that:

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1.

Plaintiffs’ Application for Entry of Default Judgment against

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Defendants Spikes Sports Bar & Grill Inc. d/b/a Spike’s Sports Bar & Grill and

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Ismael Antonio Sevilla is GRANTED, this Court finding that Defendants infringed

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upon the copyrights of nine musical compositions owned and/or licensed by

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Plaintiffs.

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2.

Plaintiffs shall recover from Defendants Spikes Sports Bar & Grill Inc.

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d/b/a Spike’s Sports Bar & Grill and Ismael Antonio Sevilla, jointly and severally,

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statutory damages in the sum of $18,000.00, representing an award of $2,000.00 for

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each of the nine musical compositions that Defendants have infringed, pursuant to

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17 U.S.C. Section 504 (c) (1).

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3.

Plaintiffs shall recover from Defendants Spikes Sports Bar & Grill Inc.

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d/b/a Spike’s Sports Bar & Grill and Ismael Antonio Sevilla, jointly and severally,

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full costs in this action, including reasonable attorney’s fees in the amount of

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$1,680.00, pursuant to 17 U.S.C. Section 505 and Local Rule of Court 55-3.

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4.

Plaintiffs shall recover from Defendants Spikes Sports Bar & Grill Inc.

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d/b/a Spike’s Sports Bar & Grill and Ismael Antonio Sevilla, jointly and severally,

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interest on the full amount of this judgment, from the date of this judgment, pursuant

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to 28 U.S.C. Section 1961.

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5.

Defendants Spikes Sports Bar & Grill Inc. d/b/a Spike’s Sports Bar &

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Grill and Ismael Antonio Sevilla, jointly and severally, and their agents, servants,

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employees, and all persons acting under their permission or authority, shall be

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permanently enjoined and restrained from infringing, in any manner, the copyrighted
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[PROPOSED] ORDER OF JUDGMENT

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musical compositions licensed by Broadcast Music, Inc. pursuant to 17 U.S.C. §

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502.

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6.

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enforcing the judgment granted.

This Court shall retain jurisdiction over this action for the purpose of

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DATED: October 2, 2012.

_____________________________
Honorable Manuel L. Real
United States District Court Judge

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[PROPOSED] ORDER OF JUDGMENT

PROOF OF SERVICE

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I am employed in the County of Los Angeles, State of California. I am over
the age of eighteen years and not a party to the within action. My business address
is BALLARD SPAHR LLP, 2029 Century Park East, Suite 800, Los Angeles, CA
90067-2909.
On September 19, 2012, I served the within document(s) entitled:
[PROPOSED] ORDER OF JUDGMENT
on the interested parties of record in this action:

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BY MAIL: by placing a true and correct copy of the document(s) listed
above in a sealed envelope with postage thereon fully prepaid, in the United
States Mail at Los Angeles, California, addressed as follows:
Daryl Mallick
Agent for Service of Process for:
Spikes Sports Bar & Grill Inc.
d/b/a Spike’s Sports Bar & Grill
599 S. Barranca Ave., Suite 222
Covina, CA 91723

Ismael Antonio Sevilla
c/o Spikes Sports Bar & Grill, Inc.
16728 Bellflower Blvd.
Bellflower, CA 91770

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Ismael Antonio Sevilla
3221 Vineland Ave., Apt. 47
Baldwin Park, CA 91706

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I am readily familiar with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than
one day after date of deposit for mailing in affidavit.
(FEDERAL) I declare under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct, and that I am
employed in the office of a member of the bar of this court at whose direction
the service was made.

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Executed on September 19, 2012 at Los Angeles, California.

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/s/ Lorraine Bonvissuto
Lorraine Bonvissuto

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DMWEST #9189168 v1

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PROOF OF SERVICE