Malibu Media, LLC v. John Doe subscriber assigned IP Address 24.128.178.40

Filing 23

DEFAULT JUDGMENT and Permanent Injunction Against Terry Herman. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT MICHIGAN
MALIBU MEDIA, LLC,
Case No.18-cv-11577
Hon. Matthew F. Leitman

Plaintiff,
v.
TERRY HERMAN
Defendant.

DEFAULT JUDGMENT AND PERMANENT
INJUNCTION AGAINST TERRY HERMAN
THIS CAUSE is before the Court on Plaintiff’s Motion for Entry of
Default Judgment Against Defendant Terry Herman (“Motion”). 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:
30700 Russell Ranch Road, Suite 250
Westlake Village, CA, 91362
The name and address of Defendant is:
Terry Herman
11075 Pacton Drive
Shelby Township, MI 48317
2. This Court has jurisdiction over the subject matter of this case and the parties.

3. Venue is proper in this District.
4. The Amended Complaint states claims for direct copyright infringement, in
violation of 17 U.S.C. § 101, and contributory copyright infringement upon
which relief may be granted against Defendant.
5. Defendant has failed to plead or otherwise defend against Plaintiff’s Amended
Complaint in this action.
6. A Certificate of Default was issued as to Defendant on February 21, 2019.
7. Defendant is not a minor, incompetent person or in active military service.
8. By reason of default, Defendant has admitted the truth of the allegations in
Plaintiff’s Amended Complaint.
9. Under Count I of the Amended Complaint, Defendant is hereby found liable
to Plaintiff for willfully committing direct copyright infringement.
10. 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 7 copyrighted works listed
on Exhibit A (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.
11. There will be no injury to Defendant caused by entry of a permanent
injunction requiring Defendant to cease infringing Plaintiff’s Works.
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12. 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).
13. 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 receives actual notice of this
Default Judgment.
14. Plaintiff has submitted a Declaration demonstrating that Plaintiff expended a
total of $764.25 in costs, which amount this Court finds reasonable.
Based on the foregoing findings, it is:
ORDERED AND ADJUDGED that Defendant Terry Herman:
a) shall pay to Plaintiff the sum of $10,500.00 in statutory damages, as
authorized under 17 U.S.C. § 504(c)(1), and $764.25 for costs, as authorized
under 17 U.S.C. § 505, making a total of $11,264.25, 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;
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c) be and hereby 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;
d) Be and is hereby ordered to destroy all copies of Plaintiff’s works that the
Defendant Terry Herman 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 Terry
Herman’s possession, custody, or control; and,
e) The Court shall retain jurisdiction over this action for six months or until the
judgment is satisfied 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.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: May 28, 2019

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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on May 28, 2019, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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