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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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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HAMRICK & EVANS, LLP

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I.T. PRODUCTIONS, LLC, a Nevada corporation, ) Case No.: 2:16-cv-02705-RFB-CWH
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Plaintiff,
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vs.
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TOM GYARFAS, KWOK HEI CHING,
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Defendants.
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___________
[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION

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This matter comes before the Court upon motion by I.T. PRODUCTIONS, LLC

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(“Plaintiff”) for a default judgment against defendants TOM GYARFAS for failure to answer or

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otherwise defend against the Plaintiff’s First Amended Complaint [ECF. No. 6]. This Court,

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having considered the motion, Plaintiff’s memorandum of law in support of its motion, and the

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supporting Declaration of Charles C. Rainey, Esq., with accompanying exhibits, together with the

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pleadings, records, and papers filed herein, and any arguments made at the hearing of this matter,

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if any, concludes that the motion should be granted and enters the following JUDGMENT:

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The Clerk of the Court, noting the failure of Defendant TOM GYARFAS to Answer or

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otherwise respond to the Plaintiff’s Complaint or First Amended Complaint, as on file herein, has

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issued and entered into the record Default against the foregoing Defendant (ECF No. 46).

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Defendant TOM GYARFAS willfully infringed Plaintiff’s rights in violation of 17 U.S.C.
§§ 101 et seq.

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{170926 - 2705 - Motion for Default Judgment.docx }

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The conduct of Defendants TOM GYARFAS was willful, intentional, and in disregard of

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and indifferent to Plaintiff’s rights, and such conduct caused harm to Plaintiff and deprived

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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 TOM GYARFAS, in the amount of $15,000 pursuant to 17 U.S.C. § 504.
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The Court hereby PERMANENTLY ENJOINS Defendant TOM

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GYARFAS from directly or indirectly infringing Plaintiff’s rights as to the motion picture " I.T.",

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

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HAMRICK & EVANS, LLP

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I.T.", except pursuant to a lawful license from Plaintiff.
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The Court hereby ORDERS Defendant TOM GYARFAS to delete any

unlicensed copy of the motion picture " I.T." in Defendant’s possession or control.
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The Court hereby ORDERS Defendant TOM GYARFAS to refrain from

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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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IT IS SO ORDERED AND ADJUDGED.

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Signed on this _____ day of _______________________, 2018, at Las Vegas, Nevada
11th
April

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

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{170926 - 2705 - Motion for Default Judgment.docx }

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