Broadcast Music, Inc. et al v. Zac Restaurant Management, LLC et al
Filing
14
DEFAULT JUDGMENT: It is ORDERED that Plaintiffs' # 11 Motion for Default Judgment is GRANTED. Defendants knowingly and intentionally infringed upon the copyrights of ten (10) musical compositions owned and/or licensed by plaintiffs. Plaintiffs shall therefore recover statutory damages from defendants in the amount of $2,000.00 for each of the ten (10) musical compositions, for a total of $20,000.00, pursuant to 17 U.S.C. § 504(c)(1). It is ORDERED that Plaintiffs shall reco ver from defendants full costs for this action, including reasonable attorneys' fees in the amount of $7,000.00, pursuant to 17 U.S.C. § 505. It is ORDERED that Plaintiffs shall recover from defendants interest on the full amount of th is judgment, from the date of this judgment, pursuant to 28 U.S.C. § 1961. It is ORDERED that Defendant Zac Restaurant Management, LLC, doing business as Creekside Restaurant, and its agents, servants, employees, and all persons acting under its permission or authority and defendant Sean F. Meagher, individually, shall be permanently enjoined and restrained from infringing, in any manner, the copyrighted musical compositions licenses by Broadcast Music, Inc. It is further ORDERED that this Court shall retain jurisdiction over this action for the purpose of enforcing the judgment granted. (mc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
DEFAULT JUDGMENT IN A CIVIL CASE
BROADCAST MUSIC, INC.; CAREERS-BMG
MUSIC PUBLISHING, INC.; DUNCAN
SHEIK SONGS; HAPP-DOG MUSIC,
a division of Immortal Entertainment;
CYANIDE PUBLISHING; UNICHAPPELL
MUSIC, INC.; WARNER-TAMERLANE
PUBLISHING CORP.; CRUDUP MUSIC;
MOW B'JOW MUSIC INC.; SONY/ATV
SONGS LLC; EVERGREEN POP AND
ALTERNATIVE LLC, d/b/a Music of
Everpop; SONGS OF UNIVERSAL, INC.;
CROOKED CHIMNEY MUSIC INC.; FOX
FILM MUSIC CORPORATION; and ECAF
MUSIC
Plaintiffs,
v.
CASE NUMBER: 1:14-CV-1147(DNH/RFT)
ZAC RESTAURANT MANAGEMENT, LLC,
d/b/a Creekside Restaurant; and SEAN F.
MEAGHER, individually,
Defendants.
Decision by Court. This action came a hearing before the Court. The issues have
been heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
That Plaintiffs’ Motion for default judgment is GRANTED. Defendants knowingly and
intentionally infringed upon the copyrights of ten (10) musical compositions owned
and/or licenced by plaintiffs. Plaintiffs shall therefore recover statutory damages from
defendants in the amount of $2,000.00 for each of the ten (10) musical compositions,
for a total of $20,000.00, pursuant to 17 U.S.C. § 504(c)(1). It is ORDERED that
Plaintiffs shall recover from defendants full costs for this action, including
reasonable attorneys' fees in the amount of $7,000.00, pursuant to 17 U.S.C. § 505. It
is ORDERED that Plaintiffs shall recover from defendants interest on the full amount of
this judgment, from the date of this judgment, pursuant to 28 U.S.C. § 1961. It is
ORDERED that Defendant Zac Restaurant Management, LLC, doing business as
Creekside Restaurant, and its agents, servants, employees, and all persons acting
under its permission or authority and defendant Sean F. Meagher, individually, shall be
permanently enjoined and restrained from infringing, in any manner, the copyrighted
musical compositions licensed by Broadcast Music, Inc. It is further ORDERED that this
Court shall retain jurisdiction over this action for the purpose of enforcing the judgment
granted.
All of the above pursuant to the order of the Honorable Judge David N. Hurd, dated the
13th day of February, 2015.
DATED: February 13, 2015
s/ Michelle Coppola
Deputy Clerk
Federal Rules of Appellate Procedure
Rule 4. Appeal as of Right
(a) Appeal in a Civil Case.
1. (1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and
4(c), the notice of appeal required by Rule 3 must be filed with the
district clerk within 30 days after entry of the judgment or order
appealed from.
(B) The notice of appeal may be filed by any party within 60 days after
entry of the judgment or order appealed from if one of the parties is:
(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or
(iv) a current or former United States officer or employee sued in an
individual capacity for an act or omission occurring in connection with
duties performed on the United States' behalf — including all instances
in which the United States represents that person when the judgment
or order is entered or files the appeal for that person.
(C) An appeal from an order granting or denying an application for a
writ of error coram nobis is an appeal in a civil case for purposes of
Rule 4(a).
(2) Filing Before Entry of Judgment. A notice of appeal filed after the
court announces a decision or order—but before the entry of the
judgment or order—is treated as filed on the date of and after the entry.
(3) Multiple Appeals. If one party timely files a notice of appeal, any
other party may file a notice of appeal within 14 days after the date
when the first notice was filed, or within the time otherwise prescribed
by this Rule 4(a), whichever period ends later.
(4) Effect of a Motion on a Notice of Appeal.
(A) If a party timely files in the district court any of the following
motions under the Federal Rules of Civil Procedure, the time to file an
appeal runs for all parties from the entry of the order disposing of the
last such remaining motion:
(i) for judgment under Rule 50(b);
(ii) to amend or make additional factual findings under Rule 52(b),
whether or not granting the motion would alter the judgment;
(iii) for attorney's fees under Rule 54 if the district court extends the
time to appeal under Rule 58;
(iv) to alter or amend the judgment under Rule 59;
(v) for a new trial under Rule 59; or
(vi) for relief under Rule 60 if the motion is filed no later than 28 days
after the judgment is entered.
(B)(i) If a party files a notice of appeal after the court announces or
enters a judgment—but before it disposes of any motion listed in Rule
4(a)(4)(A)—the notice becomes effective to appeal a judgment or
order, in whole or in part, when the order disposing of the last such
remaining motion is entered.
(ii) A party intending to challenge an order disposing of any motion
listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment
upon such a motion, must file a notice of appeal, or an amended notice
of appeal—in compliance with Rule 3(c)—within the time prescribed
by this Rule measured from the entry of the order disposing of the last
such remaining motion.
(5) Motion for Extension of Time.
(A) The district court may extend the time to file a notice of appeal
if:
(i) a party so moves no later than 30 days after the time prescribed by
this Rule 4(a) expires; and
(ii) regardless of whether its motion is filed before or during the 30
days after the time prescribed by this Rule 4(a) expires, that party
shows excusable neglect or good cause.
(B) A motion filed before the expiration of the time prescribed in
Rule 4(a)(1) or (3) may be ex parte unless the court requires
otherwise. If the motion is filed after the expiration of the prescribed
time, notice must be given to the other parties in accordance with
local rules.
(C) No extension under this Rule 4(a)(5) may exceed 30 days after
the prescribed time or 14 days after the date when the order granting
the motion is entered, whichever is later.
(6) Reopening the Time to File an Appeal. The district court may
reopen the time to file an appeal for a period of 14 days after the date
when its order to reopen is entered, but only if all the following
conditions are satisfied:
(A) the court finds that the moving party did not receive notice under
Federal Rule of Civil Procedure 77 (d) of the entry of the judgment
or order sought to be appealed within 21 days after entry;
(B) the motion is filed within 180 days after the judgment or order is
entered or within 14 days after the moving party receives notice under
Federal Rule of Civil Procedure 77 (d) of the entry, whichever is
earlier; and
(C) the court finds that no party would be prejudiced.
(7) Entry Defined.
(A) A judgment or order is entered for purposes of this Rule 4(a):
(i) if Federal Rule of Civil Procedure 58 (a) does not require a
separate document, when the judgment or order is entered in the civil
docket under Federal Rule of Civil Procedure 79 (a); or
(ii) if Federal Rule of Civil Procedure 58 (a) requires a separate
document, when the judgment or order is entered in the civil docket
under Federal Rule of Civil Procedure 79(a) and when the earlier of
these events occurs:
• the judgment or order is set forth on a separate document, or
• 150 days have run from entry of the judgment or order in the civil
docket under Federal Rule of Civil Procedure 79 (a).
(B) A failure to set forth a judgment or order on a separate document
when required by Federal Rule of Civil Procedure 58 (a) does not
affect the validity of an appeal from that judgment or order.
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