Cengage Learning, Inc. et al v. Doe 1 et al

Filing 178

DEFAULT JUDGMENT AND PERMANENT INJUNCTION: Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, in accordance with Federal Rule of Civil Procedure 65(d), Defendant, his officers, agents, servants, employees, and attorneys, and all thos e in active concert or participation with him, are pe1manently enjoined and restrained from directly or indirectly infringing the copyrights owned or exclusively controlled by any of the Plaintiffs (or any parent, subsidiary, or affiliate of a Pla intiff), whether now in existence or later created. Without limiting the foregoing, IT IS FURTHER ORDERED that, in accordance with Federal Rule of Civil Procedure 65(d), Defendant, his officers, agents, servants, employees, and attorneys, and a ll those in active conceit or participation with him, are permanently enjoined and restrained from engaging in any of the following acts: As further set forth in this Order. IT IS FURTHER ORDERED that, pursuant to 17 U.S.C. § 504(c), Pl aintiffs' request for statutory damages under the Copyright Act is granted, and Plaintiffs are awarded statutory damages of $1,500,000 against Defendant for his willful infringement of ten of Plaintiffs' Authentic Works. IT IS FURTHER ORDERED that, in accordance with Federal Rule of Civil Procedure 69(a) and N.Y. C.P.L.R. § 5222(b), Defendant, his officers, agents, servants, employees, and attorneys, and all those in active concert or participation with him, and any financia l institutions, i.e., banks, payment processing companies, savings and loan associations, credit card companies, credit card processing agencies, merchant acquiring banks, or other companies or agencies that engage in the processing or transfer of m oney and/or other assets ("Financial Institutions"), who receive actual notice of this Order, must immediately cease transferring, withdrawing, or otherwise. As further set forth in this Order. IT IS FURTHER ORDERED that the Clerk of C ourt is hereby directed to release the $10,000 cash bond, posted in accordance with the Ex Parte Order, to Plaintiffs by sending it to their attorneys of record, Oppenheim + Zebrak, LLP, at 4530 Wisconsin Avenue, NW, 5th Floor, Washington, DC 2 0016. IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the parties and the subject matter of this litigation for the purpose of interpretation and enforcement of this Permanent Injunction. FINAL JUDGMENT is hereby entered in favor of Plaintiffs against Defendant Michael McEvilley in the total amount of $1,500,000, as described above, plus post-judgment interest calculated at the rate set forth in 28 U.S.C. § 1961. It is SO ORDERED. (Signed by Judge John G. Koeltl on 1/20/2023) Michael McEvilley terminated. (ks) Transmission to Finance Unit (Cashiers) for processing.