Criminal Productions, Inc. v. John Does

Filing 44

ORDER Granting 43 Motion for Default Judgment. Judgment and Permanent Injunction. Signed by Judge Richard F. Boulware, II on 3/29/2018. (Copies have been distributed pursuant to the NEF - ADR)

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CHARLES C. RAINEY, ESQ.
Nevada Bar No. 10723
[e-mail]
HAMRICK & EVANS LLP
7670 W. Lake Mead Blvd., Ste. 140
Las Vegas, Nevada 89128
+1.702.425.5100 (ph) / +1.818.763.2308 (fax)
Attorney for Plaintiff
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HAMRICK & EVANS, LLP

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CRIMINAL PRODUCTIONS, INC., a Nevada
corporation,
Plaintiff,
vs.
KELLI HOFFMAN; TEGAN LEWIS;
Defendants

) Case No.: 2:16-cv-01968-RFB-CWH
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[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION

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This matter comes before the Court upon motion by CRIMINAL PRODUCTIONS, INC.

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(“Plaintiff”) for a default judgment against defendants KELLI HOFFMAN and TEGAN LEWIS

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for failure to answer or otherwise defend against the Plaintiff’s First Amended Complaint [Doc.

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No. 7]. This Court, having considered the motion, Plaintiff’s memorandum of law in support of

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its motion, and the supporting Declaration of Charles C. Rainey, Esq., with accompanying

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exhibits, together with the pleadings, records, and papers filed herein, and any arguments made at

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the hearing of this matter, if any, concludes that the motion should be granted and enters the

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following JUDGMENT:

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The Clerk of the Court, noting the failure of Defendants KELLI HOFFMAN and TEGAN

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LEWIS to Answer or otherwise respond to the Plaintiff’s Complaint or First Amended Complaint,

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as on file herein, has issued and entered into the record Default against each of the foregoing

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Defendants (Doc No. 39.)

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Defendants KELLI HOFFMAN and TEGAN LEWIS, and each of them, willfully
infringed Plaintiff’s rights in violation of 17 U.S.C. §§ 101 et seq.

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The conduct of Defendants KELLI HOFFMAN and TEGAN LEWIS was willful,

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intentional, and in disregard of and indifferent to Plaintiff’s rights, and such conduct caused harm

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to Plaintiff and deprived Plaintiff of income.

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Upon this record, the Court adjudges and decrees as follows:
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The Court hereby AWARDS statutory damages to the Plaintiff against

Defendant KELLI HOFFMAN, in the amount of $15,000 pursuant to 17 U.S.C. § 504.
2.

The Court hereby PERMANENTLY ENJOINS Defendant KELLI

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HOFFMAN from directly or indirectly infringing Plaintiff’s rights as to the motion picture

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CRIMINAL, including without limitation using the Internet to reproduce, to distribute, to copy, or

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to publish CRIMINAL, except pursuant to a lawful license from Plaintiff.

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3.

The Court hereby ORDERS Defendant KELLI HOFFMAN to delete any

unlicensed copy of the motion picture CRIMINAL in Defendant’s possession or control.
4.

The Court hereby ORDERS Defendant KELLI HOFFMAN to refrain from

HAMRICK & EVANS, LLP

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knowingly and willfully using the BitTorrent network or the Internet for copying or downloading

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content in violation of U.S. copyright law.

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5.

The Court hereby AWARDS statutory damages to the Plaintiff against

Defendant TEGAN LEWIS, in the amount of $15,000 pursuant to 17 U.S.C. § 504.
6.

The Court hereby PERMANENTLY ENJOINS Defendant TEGAN LEWIS

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from directly or indirectly infringing Plaintiff’s rights as to the motion picture CRIMINAL,

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including without limitation using the Internet to reproduce, to distribute, to copy, or to publish

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CRIMINAL, except pursuant to a lawful license from Plaintiff.
7.

The Court hereby ORDERS Defendant TEGAN LEWIS to delete any

unlicensed copy of the motion picture CRIMINAL in Defendant’s possession or control.
8.

The Court hereby ORDERS Defendant TEGAN LEWIS to refrain from

knowingly and willfully using the BitTorrent network or the Internet for copying or downloading
content in violation of U.S. copyright law.
IT IS SO ORDERED AND ADJUDGED.
29th
March
Signed on this _____ day of _______________________, 2018, at Las Vegas, Nevada.

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By: ___________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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