Malibu Media, LLC v. Doe, subscriber assigned IP address 73.50.158.104

Filing 83

MOTION by Plaintiff Malibu Media, LLC for judgment (Attachments: # 1 Text of Proposed Order Proposed Entry of Judgement)(Bernier, Joel)

Case: 1:18-cv-03041 Document #: 83 Filed: 07/27/20 Page 1 of 4 PageID #:432

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
MALIBU MEDIA, LLC,
Plaintiff,
v.
JOHN PALELLA,
Defendant.

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Civil Action Case No. 1:18-cv-03041
Judge John Z. Lee
Magistrate Judge Sheila M. Finnegan

PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
AGAINST JOHN PALELLA
Plaintiff, Malibu Media, LLC (“Plaintiff”), by and through undersigned counsel, and
pursuant to Fed.R.Civ.P. 55, and this Honorable Court’s Minute Entry of July 7, 2020 [CM/ECF
80], hereby files its Motion for Entry of Default Judgment (“Motion”) against Defendant, John
Palella (“Defendant”), and in support thereof, states:
1.

This is a case for copyright infringement arising under United States Copyright Act

of 1976, as amended, 17 U.S.C. §§ 101 et seq. (the “Copyright Act”).
2.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §

1331 (federal question); and 28 U.S.C. § 1338 (patents, copyrights, trademarks and unfair
competition).
3.

Plaintiff used proven IP address geolocation technology which has consistently

worked in similar cases to ensure that Defendant’s acts of copyright infringement occurred using
an Internet Protocol address (“IP address”) traced to a physical address located within this District,
and therefore this Court has personal jurisdiction over defendant because (i) Defendant committed
the tortious conduct in this State, (ii) Defendant resides in this State, and/or (iii) Defendant has
engaged in substantial and not isolated business activity in this State.

Case: 1:18-cv-03041 Document #: 83 Filed: 07/27/20 Page 2 of 4 PageID #:433

4.

Indeed, Defendant resides in the State of Illinois at 748 East Madison Street,

Lombard, IL 60148.
5.

On April 30, 2018, Plaintiff filed its Complaint in this action. [CM/ECF 1]

6.

On October 18, 2018, Plaintiff filed its Amended Complaint naming Defendant

John Palella [CM/ECF 22]
7.

Service of summons and Amended Complaint was obtained as follows:
Defendant

Date of Service, Type of Service

John Palella

January 3, 2019 Service by posting and email
January 3, 2019, Service by Mail

8.

Pursuant to 735 ILCS 5/2.203.1, a Court may permit alternate service if service of

process has not been successful. Defendant, John Palella, was served pursuant to this Court’s
order at CM/ECF 28 by posting and mail. See CM/ECF 29 and 82. Plaintiff also served a copy
of the summons and amended complaint via e-mail pursuant to the Court’s order. Thus, service is
appropriate.
9.

Pursuant to this Honorable Court’s Minute Entry of July 7, 2020 [CM/ECF 80] the

Court granted Plaintiff’s Motion for Summary Judgment and directed Plaintiff to move for entry
of judgment regarding statutory damages, injunctive relief and attorneys’ fees and costs.
10.

Defendant is not a minor or an otherwise incompetent person or on active duty in

the U.S Military. See Decl. of Joel A. Bernier, Esq.
11.

This Motion is based on the allegations in Plaintiff’s Amended Complaint.

Defendant has admitted all of the facts alleged therein by failing to plead or otherwise respond to
the Amended Complaint and Plaintiff’s Motion for Summary Judgment.

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Case: 1:18-cv-03041 Document #: 83 Filed: 07/27/20 Page 3 of 4 PageID #:434

12.

This Motion is further based on the facts attested to in the Declaration of Joel A.

Bernier, Esq. and the Memorandum of Points and Authorities in Support of Motion for Entry of
Judgment filed contemporaneously herewith, and the record of the proceedings and papers on file
herein. These materials are sufficient to justify the requested relief.
WHEREFORE, Plaintiff, Malibu Media, LLC, respectfully requests entry of a judgment in
favor of Plaintiff and against Defendant, John L. Palella, in the form of the Proposed Judgment
and Permanent Injunction attached hereto, and for such other and further relief this Court deems
just and proper.
Dated: July 27, 2020

Respectfully submitted,
By: /s/ Joel A. Bernier
Joel A. Bernier, Esp. (P74226)
49139 Schoenherr Road
Shelby Township, MI 48315
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff

CERTIFICATE OF SERVICE
I hereby certify that on July 27, 2020, I electronically filed the foregoing document with
the Clerk of the Court and all parties using the CM/ECF system. Participants in the case who are
registered CM/ECF users will be served by the CM/ECF system.
I further certify that some of the participants in the case are not CM/ECF users. I have
mailed the foregoing document via U.S. Mail to the persons set forth in the Service List below.
By:
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/s/ Joel A. Bernier

Case: 1:18-cv-03041 Document #: 83 Filed: 07/27/20 Page 4 of 4 PageID #:435

Service List
John Palella

748 East Madison Street
Lombard, IL 60148

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