ME2 Productions, Inc. v. Does

Filing 38

DEFAULT JUDGMENT. The Court awards statutory damages to the Plaintiff against Defendant Margaret F. Bacote-Newman in the amount of $1,500.00. The Court further awards to the Plaintiff against Defendant Margaret F. Bacote-Newman fees and costs, including reasonable attorneys' fees, in the amount of $4,717.50. Signed by Judge James C. Mahan on 4/17/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 ME2 PRODUCTIONS, INC., 9 vs. Plaintiff, 10 MARGARET BACOTE-NEWMAN, 11 Defendant. 12 ) ) Case No.: 2:16-cv-02384-JCM (NJK) ) ) ) [PROPOSED] DEFAULT JUDGMENT ) ) ) ) ) ) 13 This matter comes before the Court upon motion made by ME2 PRODUCTIONS, INC. 14 (“Plaintiff”) for default judgment against defendant MARGARET BACOTE-NEWMAN for failure 15 to answer or otherwise defend against the Plaintiff’s First Amended Complaint. This Court, having 16 considered the motion, Plaintiff’s memorandum of law in support of its motion, and the supporting 17 Declaration of Attorney Charles C. Rainey, Esq., with accompanying exhibits, together with the 18 pleadings, records, and papers filed herein, concludes that the motion should be GRANTED in part 19 and DENIED in part and enters the following JUDGMENT: 20 The Clerk of the Court, noting the failure of Defendant MARGARET BACOTE-NEWMAN 21 to Answer or otherwise respond to the Plaintiff’s Complaint or First Amended Complaint, as on file 22 herein, has issued and entered into the record Default against the foregoing Defendant [ECF No. 23 34]. 24 25 Defendant MARGARET BACOTE-NEWMAN willfully infringed Plaintiff’s rights in violation of 17 U.S.C. §§ 101 et seq. 26 The conduct of Defendant MARGARET BACOTE-NEWMAN was willful, intentional, and 27 in disregard of and indifferent to Plaintiff’s rights, and such conduct caused harm to Plaintiff and 28 deprived Plaintiff of income. DEFAULT JUDGMENT -1- 1 Upon this record, the Court adjudges and decrees as follows: 2 3 4 5 6 7 8 9 1. The Court hereby AWARDS statutory damages to the Plaintiff against Defendant MARGARET BACOTE-NEWMAN, in the amount of $1,500.00 pursuant to 17 U.S.C. § 504. 2. The Court further AWARDS to the Plaintiff against Defendant MARGARET BACOTE-NEWMAN, fees and costs, including reasonable attorneys’ fees, in the amount of $4,717.50 pursuant to 17 U.S.C. § 505. IT IS SO ORDERED AND ADJUDGED. 17th April Signed on this _____ day of _______________________, 2018, at Las Vegas, Nevada 10 11 12 By: ___________________________________ UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFAULT JUDGMENT -2- 1 2 3 4 5 6 7 CHARLES C. RAINEY, ESQ. Nevada Bar No. 10723 crainey@hamricklaw.com HAMRICK & EVANS, LLP 7670 W. Lake Mead Blvd., Ste. 140 Las Vegas, Nevada 89128 Telephone No.: (702) 425-5100 Fax No.: (818) 763-2308 Attorneys for Plaintiff ME2 PRODUCTIONS, INC. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 ME2 PRODUCTIONS, INC., 12 13 14 vs. Plaintiff, MARGARET BACOTE-NEWMAN, Defendant. 15 16 ) ) Case No.: 2:16-cv-02384-JCM (NJK) ) ) ) ) ) ) ) ) ) CERTIFICATE OF SERVICE 17 18 I, the undersigned employee of HAMRICK & EVANS, hereby certify that I served the foregoing 19 [PROPOSED] DEFAULT JUDGMENT upon MARGARET BACOTE-NEWMAN, Defendant in the 20 above-referenced case, by mailing a copy of the foregoing document to the following address via first class 21 mail postage prepaid: MARGARET BACOTE-NEWMAN 22 5012 Bonnie Doon Lane, Las vegas, NV 89141-8693 23 24 25 Dated April 12, 2018. /s/ Heather Martindale An Employee of Hamrick & Evans, LLP 26 27 28 CERTIFICATE OF SERVICE -1-

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