Broadcast Music, Inc et al v. Roascio

Filing 27

JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 8/23/2013. (Attachments: # 1 Exhibit A)(fs, COURT STAFF) (Filed on 8/23/2013)

COBLENTZ, PATCH, DUFFY & BASS LLP

One Ferry Building, Suite 200, San Francisco, California 94111-4213
415.391.4800
•
Fax [phone]

1 KAREN S. FRANK (State Bar No. 130887)
JULIA D. GREER (State Bar No. 200479)
2 JEREMIAH J. BURKE (State Bar No. 253957)
COBLENTZ, PATCH, DUFFY & BASS LLP
3 One Ferry Building, Suite 200
San Francisco, California 94111-4213
4 Telephone: [phone]
Facsimile: 415.989.1663
5 Email: [e-mail],
[e-mail],
[e-mail]
6
7 Attorneys for
BROADCAST MUSIC, INC., et al.
8
9

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12 BROADCAST MUSIC, INC.; MJ
PUBLISHING TRUST d/b/a MIJAC MUSIC;
13 FOURTEENTH HOUR MUSIC INC.;
COTILLION MUSIC, INC. d/b/a PRONTO
14 MUSIC; HOUSE OF CASH, INC.; RICK'S
MUSIC, INC.; RED SEA SONGS; RONDOR
15 MUSIC INTERNATIONAL, INC. d/b/a
IRVING MUSIC; SONGS OF UNIVERSAL,
16 INC.; KINGS ROAD MUSIC; PAUL SIMON
MUSIC; EMI VIRGIN SONGS, INC. d/b/a
17 EMI LONGITUDE MUSIC; SONY/ATV
SONGS LLC; THE BERNARD EDWARDS
18 COMPANY LLC; PAINTED DESERT
MUSIC CORPORATION,
19
Plaintiffs,
20
v.
21
RHONDA ROSE ROASCIO, individually and
22 d/b/a MOM & POP'S SALOON,

Case No. C 12-04740 YGR
[PROPOSED] JUDGMENT
Judge: Hon. Yvonne Gonzalez Rogers
Complaint Filed: September 11, 2012

Defendant.

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[PROPOSED] JUDGMENT
On August 15, 2013, the Court adopted Magistrate Judge Beeler's Report and

27 Recommendation to Grant Plaintiffs' Motion for Default Judgment. Dkt. No. 25. Accordingly,
28 the Court hereby ORDERS and ADJUDGES as follows:
13389.018 2518003v1

1
[PROPOSED] JUDGMENT

C 12-04740 YGR

The Plaintiffs in this case are Broadcast Music, Inc.; MJ Publishing Trust d/b/a Mijac

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2 Music; Fourteenth Hour Music Inc.; Cotillion Music, Inc. d/b/a Pronto Music; House of Cash,
3 Inc.; Rick's Music, Inc.; Red Sea Songs; Rondor Music International, Inc. d/b/a Irving Music;
4 Songs of Universal, Inc.; Kings Road Music; Paul Simon Music; EMI Virgin Songs, Inc. d/b/a
5 EMI Longitude Music; Sony/ATV Songs LLC; The Bernard Edwards Company LLC; and Painted

COBLENTZ, PATCH, DUFFY & BASS LLP

One Ferry Building, Suite 200, San Francisco, California 94111-4213
415.391.4800
•
Fax [phone]

6 Desert Music Corporation.
Plaintiffs' Motion for Default Judgment against Defendant Rhonda Rose Roascio,

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8 individually and doing business as Mom & Pop's Saloon ("Defendant"), is GRANTED, this Court
9 finding that Defendant knowingly and intentionally infringed upon the copyrights of ten (10)
10 musical compositions owned and/or licensed by Plaintiffs. Defendant owns and operates Mom &
11 Pop's Saloon located at 205 3rd Street, San Juan Bautista, California 95045
The Court awards Plaintiffs a total monetary award against Defendant of $17,593.40 as

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13 follows: $10,000.00 in statutory damages, $6,892.50 in attorney’s fees, $700.90 in costs, and
14 interest on the full amount from the date of this judgment.
Defendant Rhonda Rose Roascio and her agents, servants, employees and all persons

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16 acting under her permission or authority shall be permanently enjoined and restrained from
17 infringing, in any manner, the BMI-licensed copyrighted musical compositions that are listed on
18 the Schedule attached to the Complaint, Dkt. No. 1, and that are also listed on pages 2 and 3 of the
19 Magistrate Judge Beeler's Report and Recommendation. Dkt. No. 20 (attached hereto as Exhibit
20 A).
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This Court shall retain jurisdiction over this action for one year for the purpose of

22 enforcing the judgment granted.
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IT IS SO ORDERED, ADJUDGED AND DECREED.

25 DATED: August 23, 2013
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27
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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13389.018 2518003v1

2
[PROPOSED] JUDGMENT

C 12-04740 YGR