Malibu Media, LLC v. Doe

Filing 17

DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST MATTHEW MURDOCK. Order granting 15 Motion for Default Judgment. (See Order for details.) The Clerk is directed to terminate any pending motions as moot and close this case. Signed by Judge James S. Moody, Jr on 11/6/2014. (LN)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MALIBU MEDIA, LLC
Plaintiff,
v.

Civil Action No. 8:14-cv-00877-JSM-TGW

MATTHEW MURDOCK,
Defendant.
/
DEFAULT JUDGMENT AND
PERMANENT INJUNCTION AGAINST MATTHEW MURDOCK
THIS CAUSE is before the Court on Plaintiff’s Motion for Default Judgment Against
Matthew Murdock (Dkt. # 16). Having considered the Motion, being otherwise duly advised in
the premises, and good cause appearing, the Court hereby
FINDS:
1.

The address of Plaintiff is:
409 W. Olympic Blvd., Suite 501
Los Angeles, CA 90015

2.

The name and address of Defendant is:
Matthew Murdock
8621 Key Biscayne Drive, Apt. 302
Tampa, FL 33614

3.

This Court has jurisdiction over the subject matter of this case and the parties.

4.

Venue is proper in this District.

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5.

The Amended Complaint states claims for direct copyright infringement, in

violation of 17 U.S.C. § 106, and contributory copyright infringement upon which relief may be
granted against Defendant.
6.

Defendant has failed to plead or otherwise defend against Plaintiff’s Amended

Complaint in this action.
7.

The Clerk of Court entered a Default against the Defendant on October 24, 2014.

8.

Defendant is not a minor, incompetent person or in active military service.

9.

By reason of default, Defendant has admitted the truth of the allegations in

Plaintiff’s Amended Complaint.
10.

Under Count I of the Amended Complaint, Defendant is hereby found liable to

Plaintiff for willfully committing direct copyright infringement.
11.

Defendant will continue to cause Plaintiff irreparable injury. Specifically, there is

an existing threat of continued violations of Plaintiff’s exclusive rights to reproduce, distribute,
perform and display the 42 copyrighted works listed on Exhibit A attached hereto (the “Works”)
through Defendant’s use of the BitTorrent protocol to upload and download the Works between
and among peer users without authorization from Plaintiff.
12.

There will be no injury to Defendant caused by entry of a permanent injunction

requiring Defendant to cease infringing Plaintiff’s Works.
13.

Entry of a permanent injunction against Defendant is in the public interest because

it “preserv[es] the integrity of copyright laws which encourage individual effort and creativity by
granting valuable enforceable rights.” DSC Communications Corp. v. DGI Technologies, 898 F.
Supp. 1183, 1196 (N.D. Tex. 1995).

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14.

In accordance with Rule 65(d), Federal Rules of Civil Procedure, this Default

Judgment shall be binding upon Defendant and all other persons in active concert or participation
with Defendant who receive actual notice of this Default Judgment.
15.

Plaintiff has submitted a Declaration demonstrating that Plaintiff expended a total

of $1,657.00 in attorneys’ fees and costs, which amount this Court finds reasonable.
Based on the foregoing findings, it is:
ORDERED AND ADJUDGED that:
(a)

Plaintiff’s Motion for Default Judgment Against Matthew Murdock (Dkt. #

16) is GRANTED;
(b)

Defendant Matthew Murdock shall pay to Plaintiff the sum of $31,500.00

in statutory damages, as authorized under 17 U.S.C. § 504(c)(1), and $1,657.00 for
attorneys’ fees and costs, as authorized under 17 U.S.C. § 505, making a total judgment
of $33,157.00, for which let execution issue forthwith;
(c)

Defendant Matthew Murdock shall pay to Plaintiff post-judgment interest

at the current legal rate allowed and accruing under 28 U.S.C. § 1961 as of the date of
this Default Judgment until the date of its satisfaction;
(d)

Defendant Matthew Murdock is enjoined from directly, contributorily or

indirectly infringing Plaintiff’s rights under federal or state law in the Works, including,
without limitation, by using the internet, BitTorrent or any other online media
distribution system to reproduce (e.g., download) or distribute the Works, or to make
the Works available for distribution to the public, except pursuant to a lawful license
or with the express authority or Plaintiff.

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(e)

Defendant Matthew Murdock is hereby ordered to destroy all copies of

Plaintiff’s works that the Defendant Matthew Murdock has downloaded onto any
computer hard drive or server without Plaintiff’s authorization, and shall destroy all
copies of the Works transferred onto any physical medium or device in Defendant
Matthew Murdock’s possession, custody, or control.
(f)

The Court shall retain jurisdiction over this action for one year to entertain

such further proceedings supplementary and to enter such further orders as may be
necessary or appropriate to implement and enforce the provisions of this Default
Judgment.
16. The Clerk of Court is directed to terminate any pending motions as moot and close this
case.
DONE AND ORDERED at Tampa, Florida on this 6th day of November, 2014.

Copies furnished to:
All parties/attorneys of record
S:\Odd\2014\14-cv-877 default judgment.docx

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