ME2 Productions, Inc. v. Does

Filing 49

DEFAULT JUDGMENT in favor of ME2 Productions, Inc. against Stephanie Brattain. Signed by Judge James C. Mahan on 4/17/2018. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 ME2 PRODUCTIONS, INC., 9 10 vs. Plaintiff, STEPHANIE BRATTAIN, 11 Defendant. 12 ) ) Case No.: 2:16-cv-02513-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 STEPHANIE BRATTAIN for failure to answer 15 or otherwise defend against the Plaintiff’s First Amended Complaint. This Court, having considered 16 the motion, Plaintiff’s memorandum of law in support of its motion, and the supporting Declaration 17 of Attorney Charles C. Rainey, Esq., with accompanying exhibits, together with the pleadings, 18 records, and papers filed herein, concludes that the motion should be GRANTED in part and 19 DENIED in part and enters the following JUDGMENT: 20 The Clerk of the Court, noting the failure of Defendant STEPHANIE BRATTAIN to Answer 21 or otherwise respond to the Plaintiff’s Complaint or First Amended Complaint, as on file herein, has 22 issued and entered into the record Default against the foregoing Defendant [ECF No. 45]. 23 24 Defendant STEPHANIE BRATTAIN willfully infringed Plaintiff’s rights in violation of 17 U.S.C. §§ 101 et seq. 25 The conduct of Defendant STEPHANIE BRATTAIN was willful, intentional, and in 26 disregard of and indifferent to Plaintiff’s rights, and such conduct caused harm to Plaintiff and 27 deprived Plaintiff of income. 28 Upon this record, the Court adjudges and decrees as follows: DEFAULT JUDGMENT -1- 1 2 3 4 5 6 7 8 9 10 1. The Court hereby AWARDS statutory damages to the Plaintiff against Defendant STEPHANIE BRATTAIN, in the amount of $1,500.00 pursuant to 17 U.S.C. § 504. 2. The Court further AWARDS to the Plaintiff against Defendant STEPHANIE BRATTAIN, fees and costs, including reasonable attorneys’ fees, in the amount of $6,105 pursuant to 17 U.S.C. § 505. IT IS SO ORDERED AND ADJUDGED. Signed on this _____ day of _______________________, 2018, at Las Vegas, Nevada 17th April By: ___________________________________ UNITED STATES DISTRICT JUDGE 11 12 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, STEPHANIE BRATTAIN, Defendant. 15 16 ) ) Case No.: 2:16-cv-02513-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 STEPHANIE BRATTAIN, Defendant in the above- 20 referenced case, by mailing a copy of the foregoing document to the following address via first class mail 21 postage prepaid: STEPHANIE BRATTAIN 22 3393 MILENKO DR LAS VEGAS, NV 89121-5116 23 24 25 26 Dated April 12, 2018. /s/ Heather Martindale An Employee of Hamrick & Evans, LLP 27 28 CERTIFICATE OF SERVICE -1-

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