Miller v. Facebook, Inc. et al

Filing 136

MOTION for Default Judgment as to Yao Wei Yeo filed by Daniel M. Miller. (Attachments: # 1 Affidavit Declaration of Brian D. Hancock in Support of Motion for Default Judgment Against Defendant Yao Wei Yeo, # 2 Affidavit Declaration of Bradley Green, # 3 Affidavit Declaration of Robert Kajikami, # 4 Exhibit 1 (Second Amended Complaint), # 5 Exhibit 2 (Proof of Service), # 6 Exhibit 3 (Entry of Default), # 7 Proposed Order Proposed Order Granting Plaintiff's Motion for Default Judgment, # 8 Proposed Order Proposed Order Pursuant to Entry of Default Judgment)(Hancock, Brian) (Filed on 4/12/2011)

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D. GILL SPERLEIN (172887)
THE LAW OFFICE OF D. GILL SPERLEIN
584 Castro Street, Suite 879
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]
[e-mail]
DOUGLAS L. BRIDGES (pro hac vice)
HENINGER GARRISON DAVIS, LLC
1 Glenlake Parkway, Suite 700
Atlanta, Georgia 30328
Telephone: [phone]
Facsimile: [phone]
[e-mail]
TIMOTHY C. DAVIS (pro hac vice)
BRIAN D. HANCOCK (pro hac vice)
HENINGER GARRISON DAVIS, LLC
2224 1st Avenue North
Birmingham, Alabama 35203
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff,
DANIEL M. MILLER

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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DANIEL M. MILLER,

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Plaintiff,
vs.
FACEBOOK, INC. and YAO WEI YEO,
Defendants.

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CASE NO.: CV-10-264 (WHA)
[PROPOSED] JUDGMENT PURSUANT TO
ENTRY OF DEFAULT

Date: May 19, 2011
Time: 8:00 A.M.
Court: Courtroom 9, 19th Floor
Judge: Honorable William Alsup

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[PROPOSED] JUDGMENT PURSUANT TO
ENTRY OF DEFAULT
CV-10-264 (WHA)

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This cause having come before this Court on the motion of Plaintiff Daniel M. Miller
(“Plaintiff”) for entry of default judgment and permanent injunction against Defendant Yeo Wei

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Yeo (“Yeo”);
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AND, the Court having read and considered the Motion, declarations and exhibits on file

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in this matter;

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AND, GOOD CAUSE APPEARING THEREFORE, the Court finds the following facts:

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Plaintiff is the owner of all rights in and to the duly registered copyright on the video game

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program Boomshine, Registration No. TX0007089855;

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Yeo has engaged, and continues to engage, in the unauthorized business of reproducing

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and distributing the video game program ChainRxn that infringes the Plaintiff’s duly registered

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copyright;

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Plaintiff has instituted this action for an entirely proper and appropriate purpose to
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vindicate and enforce compliance with his rights which have been infringed by Yeo and to recover
for infringement of such rights;

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There being no just reason for delay in entering the default judgment and permanent
injunction sought by the Plaintiff, and with good cause appearing therefore, the Court ORDERS

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that this Judgment shall be, and is hereby, entered in this action as follows:
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1)

This Court had jurisdiction over the parties to this action and over the subject matter hereof

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pursuant to 28 U.S.C. §§ 1331 and 1338. Service of process was properly made on Yeo.

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2)

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Yeo d/b/a Zwigglers Apps has reproduced and distributed the video game program

ChainRxn which infringes upon the Plaintiff’s duly registered copyright.

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[PROPOSED] JUDGMENT PURSUANT TO
ENTRY OF DEFAULT
CV-10-264 (WHA)

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3)

Yeo, and all agents, servants, successors, and assigns of Yeo, and any and all persons,

firms, corporations, or other entities in active concert or participation with Yeo, who receive actual

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notice of the injunction are hereby restrained and enjoined from:
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Infringing Plaintiff’s copyright, either directly, contributorily, or by inducement, in any

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manner, including generally, but not limited to, reproduction, manufacture, importation,

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distribution, advertising, selling and/or offering for sale the video game program entitled

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ChainRxn and any other work, now in existence or later created, which infringes the

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Plaintiff’s registered copyright in Boomshine.

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4)

Yeo, and all agents, servants, successors, and assigns of Yeo, and any and all persons,

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firms, corporations, or other entities in active concert or participation with Yeo, who receive actual

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notice of the injunction, are ordered to destroy all copies of the video game program entitled

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ChainRxn and any other work, now in existence or later created, which infringes the Plaintiff’s
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registered copyright in Boomshine.

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5)

Yeo is ordered to pay damages to Plaintiff in the sum of $147,103.02.

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6)

Yeo is ordered to pay interest on the principal amount of the judgment to Plaintiff at the

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statutory rate pursuant to 28 U.S.C. § 1961(a).

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7)

Yeo is ordered to pay costs in the sum of $1,492.50 pursuant to 17 U.S.C. § 505.

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IT IS SO ORDERED.

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Dated:
WILLIAM H. ALSUP
UNITED STATES DISTRICT JUDGE

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[PROPOSED] JUDGMENT PURSUANT TO
ENTRY OF DEFAULT
CV-10-264 (WHA)