I.T. Productions, LLC v. Does

Filing 52

ORDER Granting 49 Motion for Default Judgment in favor of I.T. Productions, LLC and against Tom Gyarfas. Signed by Judge Richard F. Boulware, II on 4/11/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 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 +1.702.425.5100 (ph) / +1.818.763.2308 (fax) Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 HAMRICK & EVANS, LLP 11 12 13 ) I.T. PRODUCTIONS, LLC, a Nevada corporation, ) Case No.: 2:16-cv-02705-RFB-CWH ) Plaintiff, ) vs. ) ) TOM GYARFAS, KWOK HEI CHING, ) ) Defendants. ) ) 14 15 ___________ [PROPOSED] JUDGMENT AND PERMANENT INJUNCTION 16 This matter comes before the Court upon motion by I.T. PRODUCTIONS, LLC 17 (“Plaintiff”) for a default judgment against defendants TOM GYARFAS for failure to answer or 18 otherwise defend against the Plaintiff’s First Amended Complaint [ECF. No. 6]. This Court, 19 having considered the motion, Plaintiff’s memorandum of law in support of its motion, and the 20 supporting Declaration of Charles C. Rainey, Esq., with accompanying exhibits, together with the 21 pleadings, records, and papers filed herein, and any arguments made at the hearing of this matter, 22 if any, concludes that the motion should be granted and enters the following JUDGMENT: 23 The Clerk of the Court, noting the failure of Defendant TOM GYARFAS to Answer or 24 otherwise respond to the Plaintiff’s Complaint or First Amended Complaint, as on file herein, has 25 issued and entered into the record Default against the foregoing Defendant (ECF No. 46). 26 27 Defendant TOM GYARFAS willfully infringed Plaintiff’s rights in violation of 17 U.S.C. §§ 101 et seq. 28 1 {170926 - 2705 - Motion for Default Judgment.docx } - 1 -  1 The conduct of Defendants TOM GYARFAS was willful, intentional, and in disregard of 2 and indifferent to Plaintiff’s rights, and such conduct caused harm to Plaintiff and deprived 3 Plaintiff of income. 4 5 6 7 Upon this record, the Court adjudges and decrees as follows: 1. The Court hereby AWARDS statutory damages to the Plaintiff against Defendant TOM GYARFAS, in the amount of $15,000 pursuant to 17 U.S.C. § 504. 2. The Court hereby PERMANENTLY ENJOINS Defendant TOM 8 GYARFAS from directly or indirectly infringing Plaintiff’s rights as to the motion picture " I.T.", 9 including without limitation using the Internet to reproduce, to distribute, to copy, or to publish " 10 HAMRICK & EVANS, LLP 11 12 13 I.T.", except pursuant to a lawful license from Plaintiff. 3. The Court hereby ORDERS Defendant TOM GYARFAS to delete any unlicensed copy of the motion picture " I.T." in Defendant’s possession or control. 4. The Court hereby ORDERS Defendant TOM GYARFAS to refrain from 14 knowingly and willfully using the BitTorrent network or the Internet for copying or downloading 15 content in violation of U.S. copyright law. 16 IT IS SO ORDERED AND ADJUDGED. 17 Signed on this _____ day of _______________________, 2018, at Las Vegas, Nevada 11th April 18 19 20 By: ___________________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 1 {170926 - 2705 - Motion for Default Judgment.docx } - 2 - 

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