Good Man Productions, Inc. v. Doe

Filing 33

ORDER granting 30 Motion for Default Judgment and Permanent Injunction against Jamie Nazario. The Clerk shall close the case. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/26/2015. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GOOD MAN PRODUCTIONS, INC.,
Plaintiff,
v.

Case No. 8:14-cv-3007-T-33TGW

JAMIE NAZARIO,
Defendant.
/
DEFAULT JUDGMENT AND
PERMANENT INJUNCTION AGAINST JAMIE NAZARIO
THIS CAUSE is before the Court on Plaintiff’s Motion for Default Judgment Against
Jamie Nazario. Having considered the Motion, being otherwise duly advised in the premises, and
good cause appearing, the Court hereby finds that:
1.

The address of Plaintiff is:
100 Universal City Plaza #5183
Universal City, CA 91608

2.

The name and address of Defendant is:
Jamie Nazario
4624 Landscape Drive
Tampa, FL 33624

3.

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

4.

Venue is proper in this District.

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.
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6.

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

Complaint in this action.
7.

Default was entered as to Defendant on May 20, 2015.

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 copyrighted work (“A Good Man,” Registration Number PAu003737452)
(the “Work”) through Defendant’s use of the BitTorrent protocol to upload and download the
Work 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 Work.
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).
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.

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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, ADJUDGED, and DECREED:
(1)

Plaintiff’s Motion for Entry of Default Judgment (Doc. # 30) is GRANTED. Defendant

Jamie Nazario:
(a)

shall pay to Plaintiff the sum of $30,000.00 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 of $31,657.00, for which let execution issue forthwith;
(b)

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;
(c)

be and hereby is enjoined from directly, contributorily or indirectly

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

Be and is hereby ordered to destroy all copies of Plaintiff’s work that the

Defendant Jamie Nazario has downloaded onto any computer hard drive or server without
Plaintiff’s authorization, and shall destroy all copies of the Work transferred onto any physical
medium or device in Defendant Jamie Nazario’s possession, custody, or control.
(2)

The Clerk is directed close the case.
DONE and ORDERED, in Chambers, in Tampa, Florida this 26th day of May, 2015.

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Copies to: All counsel and parties of record

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