Zuffa L L C v. Trappey et al

Filing 35

JUDGMENT granting in part and denying in part 23 Motion for Summary Judgment. The motion is GRANTED as to Plaintiff's claims that Defendants are liable for a violation of 47 USC 553 and that Defendants Trappey and Babineaux are vicariously l iable for the same. The Motion is DENIED as to Plaintiff's claim that Trappey's and Babineaux's violation of 47 USC 553 was willful and for commercial gain. This claim is reserved for trial. IT IS FURTHER ORDERED that Plaintiff subm it a brief to the Court by March 30, 2012, addressing (1) damages for a non-willful violation of 47 USC 553; and (2) its intent to pursue or seek dismissal of the copyright claim alleged in Count II of its Complaint. IT IS FURTHER ORDERED that, if Plaintiff opposes the Court's intended dismissal of Count I, it shall file a memorandum in opposition by March 30, 2012. Signed by Chief Judge Robert G James on 3/22/12. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION ZUFFA, LLC, d/b/a THE ULTIMATE FIGHTING CHAMPIONSHIP (UFC) CIVIL ACTION NO. 11-0006 VERSUS JUDGE ROBERT G. JAMES WILLIAM JOSEPH TRAPPEY, III, ET AL. MAG. JUDGE KAREN L. HAYES JUDGMENT For the reasons set forth in this Court’s Ruling, IT IS ORDERED, ADJUDGED, AND DECREED that the Motion for Summary Judgment [Doc. No. 23] filed by Plaintiff Zuffa, LLC d/b/a the Ultimate Fighting Championship, is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED as to Plaintiff’s claims that Defendants William Joseph Trappey, III; Bart James Babineaux; and Monago Investments, LLC, d/b/a Monagos Field House a/k/a Fieldhouse Bar & Grill are liable for a violation of 47 U.S.C. § 553 and that Defendants Trappey and Babineaux are vicariously liable for the same. The Motion is DENIED as to Plaintiff’s claim that Trappey’s and Babineaux’s violation of 47 U.S.C. § 553 was willful and for commercial gain. This claim is reserved for trial. IT IS FURTHER ORDERED that Plaintiff submit a brief to the Court by March 30, 2012, addressing (1) damages for a non-willful violation of 47 U.S.C. § 553; and (2) its intent to pursue or seek dismissal of the copyright claim alleged in Count III of its Complaint. [Doc. No. 1]. IT IS FURTHER ORDERED that, if Plaintiff opposes the Court’s intended dismissal of Count I, it shall file a memorandum in opposition by March 30, 2012. MONROE, LOUISIANA, this 22nd day of March, 2012. 2

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