Broadcast Music, Inc. v. Sony/ATV Songs LLC et al

Filing 12

ORDER OF JUDGMENT. Plaintiffs' Motion for Default Judgment against Defendants Kathy Miranda Mund and Lee Joseph Mund is granted. Plaintiffs shall recover from Defendants Kathy Miranda Mund and Lee Joseph Mund, jointly and severally, statutory da mages in the amount of two thousand dollars ($2,000) for each of the five (5) musical compositions, for a total of $10,000. Plaintiffs shall recover from Defendants Kathy Miranda Mund and Lee Joseph Mund, jointly and severally, full costs in this action, including reasonable attorney's fees in the amount of $5,747.83. Signed by Judge Larry Alan Burns on 2/8/16.(kas)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BROADCAST MUSIC, INC.; Case No. 15CV1365 LAB BLM 12 ORDER OF JUDGMENT 13 14 15 16 SONY/ATV SONGS LLC d/b/a SONY/ATV ACUFF ROSE MUSIC; RONDOR MUSIC INTERNATIONAL, INC. d/b/a IRVING MUSIC; WARNER-TAMERLANE PUBLISHING CORP.; SONGS OF UNIVERSAL, INC.; EMI VIRGIN SONGS, INC. d/b/a EMI LONGITUDE MUSIC, 17 18 v. Date: February 8, 2016 Time: 11:30 a.m. Courtroom: 14A Plaintiffs, KATHY MIRANDA MUND, 19 individually and d/b/a SOUTH BAY LOUNGE; and 20 LEE JOSEPH MUND individually and 21 d/b/a SOUTH BAY LOUNGE, Defendants. 22 23 After Defendants failed to answer or otherwise defend and default was entered 24 against them, Plaintiffs moved for Default Judgment. The Court ordered them 25 (Docket no. 10) to respond no later than January 25, 2016, but they failed to do so. 26 Specifically, the Court cautioned them that failure to file written opposition would be 27 construed as their consent to the motion’s being granted. See Civil Local Rule 28 7.1(f)(3)(c). ORDER OF JUDGMENT 1 The factors the Court must consider before granting default judgment are 2 enumerated in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986). They are: 3 (1) the merits of the plaintiff's substantive claim; (2) the sufficiency of the complaint; 4 (3) the sum of money at stake in the action; (4) the possibility of prejudice to the 5 plaintiff; (5) the possibility of a dispute concerning material facts; (6) whether the 6 default was due to excusable neglect; and (7) the strong policy underlying the 7 Federal Rules of Civil Procedure favoring decision on the merits. Id. 8 Here, Defendants are alleged to have infringed Plaintiffs’ copyrights by 9 publicly performing copyrighted songs in a lounge Defendants own or operate. It 10 appears Defendants have had ample notice of this action against them, and the 11 Court’s order requiring their response was mailed to them. The amount of money at 12 stake for infringements of the five songs the complaint identifies is $10,000, and 13 Plaintiffs also seek $5,747.83 in fees. The complaint appears to state a valid claim for 14 infringement. If judgment is not granted, it appears Plaintiffs will have no recourse, 15 and, what is more, other potential infringers may be emboldened. Having weighed 16 all the factors, the Court concludes default judgment is warranted here. 17 It is therefore ORDERED: 18 19 I. Plaintiffs’ Motion for Default Judgment against Defendants Kathy Miranda 20 Mund and Lee Joseph Mund is granted, this Court finding that Defendants 21 knowingly and intentionally infringed upon the copyrights of five (5) musical 22 compositions owned and/or licensed by Plaintiffs. 23 24 II. Plaintiffs shall recover from Defendants Kathy Miranda Mund and Lee Joseph 25 Mund, jointly and severally, statutory damages in the amount of two thousand dollars 26 ($2,000) for each of the five (5) musical compositions, for a total of $10,000, 27 pursuant to 17 U.S.C. Section 504(c)(1). 28 / / / ORDER OF JUDGMENT 1 2 III. Plaintiffs shall recover from Defendants Kathy Miranda Mund and Lee Joseph 3 Mund, jointly and severally, full costs in this action, including reasonable attorney’s 4 fees in the amount of $5,747.83, pursuant to 17 U.S.C. Section 505. 5 6 IV. Plaintiffs shall recover from Defendants Kathy Miranda Mund and Lee Joseph 7 Mund, jointly and severally, interest on the full amount of this judgment, from the 8 date of this judgment, pursuant to 28 U.S.C. Section 1961. 9 10 V. Defendants Kathy Miranda Mund and Lee Joseph Mund, their agents, 11 servants, employees and all persons acting under their permission or authority shall 12 be permanently enjoined and restrained from infringing, in any manner, the 13 copyrighted musical compositions licensed by Broadcast Music, Inc. 14 IT IS SO ORDERED. 15 Date:_February 8, 2016 16 17 ______________________________ Hon. Larry A. Burns United States District Judge 18 19 20 21 22 23 24 25 26 27 28 ORDER OF JUDGMENT

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