MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.61.34.244

Filing 16

ORDER granting 15 Motion for Default Judgment against Sigmund Kozierachi in the amount of $13,647.00 and Permanent Injunction. ***CIVIL CASE TERMINATED. Signed by Judge Renee Marie Bumb on 9/22/2017. (dmr)

Patrick J. Cerillo, Esq.
Patrick J. Cerillo, LLC
4 Walter E. foran Blvd., Suite 402
Flemington, NJ 08822
Attorney ID No. 01481-1980
T: (90$) 284-0997
F: (90$) 284-0915
[e-mail]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
MALIBU MEDIA, LLC,
Plaintiff,
v.

Civil Action No. 1:16-cv-05227-RMB-KMW

SIGMUND KOZIERACHI,
Defendant.
/
-f3D1 DEFAULT JUDGMENT AND
PERMANENT INJUNCTION AGAINST SIGMUND KOZIERACHI
THIS CAUSE is before the Court on Plaintiffs Motion for Default Judgment Against
Sigmund Kozierachi (“Motion”). Having considered the Motion, being otherwise duly advised
in the premises, and good cause appearing, the Court hereby
FINDS:
I.

The address of Plaintiff is:
9701 Wilshire Blvd.. 10th floor
Beverly Hills, CA 90212

2.

The name and address of Defendant is:
Sigmund Kozierachi
9 Appletree Lane
Washington Township, NJ 08080
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3.

This Court has jurisdiction over the subject matter of this case and the parties.

4.

Venue is proper in this District.

5.

The Amended Complaint states claims for direct copyright infringement, in

violation of 17 U.S.C.

§

106, and contributory copyright infringement upon which relief may be

granted against Defendant.
6.

Defendant has failed to plead or otherwise defend against Plaintiffs Amended

Complaint in this action.
7.

Default was entered as to Defendant on April 4,2017.

8,

Defendant is not a minor, incompetent person or in active military service.

9.

By reason of default, Defendant has admitted the truth of the allegations in

Plaintiffs Amended Complaint.
10.

Under Count I of the Amended Complaint, Defendant is hereby found liable to

Plaintiff for willfully committing direct copyright infringement.
11.

Defendant will continue to cause Plaintiff irreparable injury. Specifically, there is

an existing threat of continued violations of Plaintiffs exclusive rights to reproduce, distribute,
perform and display the 16 copyrighted works listed on Exhibit A attached hereto (the “Works”)
through Defendant’s use of the BitTorrent protocol to upload and download the Works between
and among peel’ users without authorization from Plaintiff.
12.

There will be no injury to Defendant caused by entry of a permanent injunction

requiring Defendant to cease
13.

infringing

Plaintiffs Works.

Entry of a permanent injunction against Defendant is in the public interest

because it “preserv[es] the integrity of copyright laws which encourage individual effort and

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creativity by granting valuable enforceable rights.” DSC

Communications

Corp. v. DGI

Technologies, 898 F. Supp.1 183, 1196 (N.D. Tex. 1995).
14.

In accordance with Rule 65(d), Federal Rules of Civil Procedure, this Default

Judgment shall be binding upon Defendant and all other persons in active concert or participation
with Defendant who receive actual notice of this Default Judgment.
15.

Plaintiff has submitted a Declaration demonstrating that Plaintiff expended a total

of $1,647.00 in attorneys’ fees and costs, which amount this Court finds reasonable.
Based on the foregoing findings, it is:
ORDERED AND ADJUDGED that Defendant Sigmund Kozierachi:
(a)

shall pay to Plaintiff the sum of $12,000.00 in statutory damages, as

authorized under 17 U.S.C.

§

authorized under 17 U.S.C.

505, making a total of $13,647.00, for which let execution issue

§

504(c)(1), and $1,647.00 for attorneys’ fees and costs, as

forthwith:

(b)

shall pay to Plaintiff post-judgment interest at the current legal rate

allowed and accruing under 28 U.S.C.

§

1961 as of the date of this Default Judgment until the

date of its satisfaction;
(c)

be and hereby is enjoined from directly, contributorily or indirectly

infringing Plaintiffs rights under federal or state law in the Works, including, without limitation,
by using the internet, BitTorrent or any other online media distribution system to reproduce (e.g.,
download) or distribute the Works, or to make the Works available for distribution to the public,
except pursuant to a lawful license or with the express authority or Plaintiff.
(U)

Be and is hereby ordered to destroy all copies of Plaintiffs works that the

Defendant Sigmund Kozierachi has downloaded onto any computer hard drive or server without

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Plaintiffs authorization, and shall destroy all copies of the Works transferred onto any physical
medium or device in Defendant Sigmund Kozierachi’s possession, custody, or control.
(e)

The Court shall retain jurisdiction over this action for six months or until

the judgment is satisfied to entertain such further proceedings supplementary and to enter such
further orders as may be necessary or appropriate to implement and enforce the provisions of this
Default Judgment.
DONE AND ORDERED this day of

,

/ t•

201_

.

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By:
UNITED STATES DISTRICT JUDGE

Ordered thisday
of
20 7/
RENEE MARIE BUMS
United States District Judge

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