Criminal Productions, Inc. v. Does

Filing 102

ORDER - Pursuant to the 97 Ninth Circuit's decision, the court Vacates its 93 Order and 94 Judgment, and denies defendants 80 motion for summary judgment. Signed by Judge James C. Mahan on 8/5/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:16-cv-02704-JCM-BNW Document 102 Filed 08/05/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CRIMINAL PRODUCTIONS, INC.,

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Plaintiff(s),

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Case No. 2:16-CV-2704 JCM (BNW)
ORDER

v.
MARIA JENKINS, et al.,

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Defendant(s).

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Presently before the court is the matter of Criminal Productions, Inc. v. Jenkins, et al., case

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number 2:16-cv-02704-JCM-BNW.

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Cordoba’s motion for attorney fees. (ECF No. 93). Plaintiff Criminal Productions, Inc. timely

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appealed. (ECF No. 95).

On July 2, 2019, this court granted defendant Tracy

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In its memorandum disposition, the Ninth Circuit reversed this court’s decision. (ECF No.

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97). The panel found that Tracy Cordoba was not a “prevailing party” as required for attorney

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fees under the Copyright Act of 1976, because the suit against her was dismissed without prejudice.

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(Id.).

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[Productions, Inc.]” (Id.).

“Cordoba did not obtain a mertial alteration in her legal relationship to Criminal

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Accordingly, the court vacates its order and judgment, (ECF Nos. 93, 94), and denies

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defendants’ motion for summary judgment, (ECF No. 80), consistent with the Ninth Circuit’s

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opinion, (ECF No. 97).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the court’s order (ECF

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James C. Mahan
U.S. District Judge

No. 93) be, and the same hereby is, VACATED.

Case 2:16-cv-02704-JCM-BNW Document 102 Filed 08/05/20 Page 2 of 2

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the court’s judgment (ECF
No. 94) be, and the same hereby is, VACATED.
IT IS FURTHER ORDERED that defendant’s motion for attorney fees (ECF No. 80) be,
and the same hereby is, DENIED.
DATED August 5, 2020.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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