Meyer, Suozzi, English & Klein, P.C. v. Higbee et al

Filing 21

MOTION for Default Judgment by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Declaration of Kevin Schlosser, # 2 Exhibit 1 (Complaint), # 3 Exhibit 2 (Certificate of Default), # 4 Exhibit 3 (Proposed Form of Default Judgment), # 5 Affidavit of Service) (Schlosser, Kevin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MEYER, SUOZZI, ENGLISH & KLEIN, P.C.,
Plaintiff,

Docket No.: 18-cv-3353 (ADS) (ARC)

-againstMATHEW K. HIGBEE, Esq.,
NICK YOUNGSON,
RM MEDIA, LTD.,
and HIGBEE & ASSOCIATES,

PROPOSED FORM
OF DEFAULT JUDGMENT

Defendants.

WHEREAS Plaintiff Meyer, Suozzi, English & Klein, P.C. (“Plaintiff”) commenced the
above-captioned action with the filing of its Complaint on or about June 7, 2018; and
WHEREAS the Complaint seeks a declaratory judgment and money damages under New
York General Business Law § 349 in connection with Plaintiff’s use of a photo that Defendants
Nick Youngson and RM Media, Ltd. (together, the “RM Defendants”) freely made available to
users under a “license” (the “Image”); and
WHEREAS the RM Defendants failed to answer or otherwise move with respect to the
Complaint; and
WHEREAS the Clerk of Court noted the RM Defendants’ default by Certificate of
Default dated February 20, 2019; and
WHEREAS Plaintiff moved the Court for a default judgment against the RM Defendants;
and
WHEREAS, by order dated ___________________, 2019, the Court granted Plaintiff’s
motion for a default judgment against the RM Defendants.
NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, AND DECREED that:

1.

Plaintiff’s use of the Image under license does not constitute copyright

infringement as a matter of law;
2.

The RM Defendants are entitled to no damages in connection with Plaintiff’s use

of the Image;
3.

The RM Defendants are jointly and severally liable to Plainiff under New York

General Business Law § 349; and
4.

The determination of Plaintiff’s damages, including Plaintiff’s full costs of this

action, including Plaintiff’s reasonable attorneys’ fees, as provided for in 17 U.S.C. § 505 and
New York General Busiess Law § 349(h), shall be deferred until such time as the damages
associated with Plaintiff’s claims against the non-defauting parties, Defendants Mathew K.
Higbee, Esq. and Higbee & Associates, are to be determined.
Dated:

Central Islip, New York
____________________, 2019

__________________________________________
Hon. Arthur D. Spatt, U.S.D.J.

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