Livingston v. Art.com, Inc. et al

Filing 96

SECOND ORDER FOR SUPPLEMENTAL BRIEFING RE: MOTION FOR DEFAULT JUDGMENT. Signed by Magistrate Judge Jacqueline Scott Corley on 1/5/2015. (ahm, COURT STAFF) (Filed on 1/5/2015) Modified on 1/5/2015 (ahm, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETE LIVINGSTON,

Case No. 13-cv-03748-JSC

Plaintiff,
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v.
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ART.COM, INC., et al.,
Defendants.

SECOND ORDER FOR
SUPPLEMENTAL BRIEFING RE:
MOTION FOR DEFAULT JUDGMENT
Re: Dkt. Nos. 87, 93

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Plaintiff Pete Livingston contends that Defendants Jack Allen (“Allen”) and his company

United States District Court
Northern District of California

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Dream City Photo Lab (“Dream City”) infringed his copyright in a photograph of Marilyn

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Monroe. Presently before the Court is Plaintiff’s motion for default judgment against Allen and

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Dream City, in which Plaintiff principally seeks an award of statutory damages as well as

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attorneys’ fees and costs and an injunction barring any future infringement of Plaintiff’s right to

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the photograph at issue. (Dkt. Nos. 87.) In response to the Court’s order for supplemental

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briefing on the availability of statutory damages, Plaintiff seeks, in the alternative to statutory

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damages, an award of actual damages. (Dkt. No. 93.) Plaintiff calculates the amount of actual

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damages based, in part, on a Royalty Report that Culturenik Publishing, Inc., provided in the

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related action against the non-defaulting defendants. (Dkt. No. 94¶ 4.) Plaintiff did not submit a

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copy of the Royalty Report along with his supplemental brief in this matter. (Id. ¶ 7.)

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Accordingly, it is hereby ORDERED that Plaintiff shall produce, by January 12, 2015, a

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copy of the Royalty Report and a supplemental brief that addresses the report’s admissibility. See

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Fed. R. Evid. 901(b)(1). Plaintiff’s submission should also include a final and complete request

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for attorneys’ fees and costs.

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IT IS SO ORDERED.
Dated: January 5, 2015
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge