Dorgan v. First Klass Breakfast, LLC

Filing 65

DEFAULT JUDGMENT THEREFORE, IT IS ADJUDGED AND ORDERED that Plaintiff's Application for Entry of Default Judgment is GRANTED pursuant to Fed.R.Civ.P. 55(b)(2); it is FURTHER ORDERED that the Court declares that Defendant violated Plaintiff 's exclusive rights under 17 U.S.C. § 106 of the Copyright Act by engaging in unauthorized copying of Plaintiff's registered work; it is FURTHER ORDERED that Defendant shall pay $5,000.00 in statutory damages under 17 U.S.C.  7; 504(c); it is FURTHER ORDERED that Defendant's request for attorneys' fees is denied; FURTHER ORDERED, that Defendant shall post-judgment interest under 28 U.S.C.A. § 1961; it is FURTHER ORDERED that this Court retains jurisdiction over any matter pertaining to this judgment; and it is FURTHER ORDERED that this case is dismissed and the Clerk of the Court shall remove it from the docket of the Court. This is a final appealable order. See FED. R. APP. P. 4(a). SO ORDERED. Motions terminated: 52 MOTION for Default Judgment as to First Klass Breakfast, LLC. filed by Ryan Dorgan. (Signed by Judge Jennifer L. Rochon on 1/18/2023) (jca)

Case 1:20-cv-04253-JLR Document 65 Filed 01/18/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
RYAN DORGAN
Plaintiff,

Docket No. 1:20-cv-04253-JLR

- against FIRST KLASS BREAKFAST, LLC
Defendant.

[PROPOSED] DEFAULT JUDGMENT
WHEREAS, this matter came before the Court on plaintiff Ryan Dorgan (“Plaintiff”)’s
motion for entry of a default judgment against defendant First (“Defendant”) under Rule 55(b)(2)
of the Federal Rules of Civil Procedure and Local Rule 55.2.
WHEREAS, Plaintiff filed his application for entry of default judgment seeking
$5,000.00 in statutory damages for copyright infringement, $680.00 in attorneys’ fees, and
$440.00 in costs plus interest.
WHEREAS, Defendant has not filed any opposition to Plaintiff’s application for default
January 18, 2023
judgment. The Court scheduled a hearing for Plaintiff’s application on _________________,
at ________
12:00 pm and Defendant failed to appear.
THEREFORE, IT IS ADJUDGED AND ORDERED that Plaintiff’s Application for
Entry of Default Judgment is GRANTED pursuant to Fed.R.Civ.P. 55(b)(2); it is

Case 1:20-cv-04253-JLR Document 65 Filed 01/18/23 Page 2 of 2

FURTHER ORDERED that the Court declares that Defendant violated Plaintiff’s
exclusive rights under 17 U.S.C. § 106 of the Copyright Act by engaging in unauthorized
copying of Plaintiff’s registered work; it is
FURTHER ORDERED that Defendant shall pay $5,000.00 in statutory damages under
17 U.S.C. § 504(c); it is
FURTHER ORDERED that Defendant's request for attorneys' fees is denied;
FURTHER ORDERED, that Defendant shall post-judgment interest under 28 U.S.C.A.
§ 1961; it is
FURTHER ORDERED that this Court retains jurisdiction over any matter pertaining to
this judgment; and it is
FURTHER ORDERED that this case is dismissed and the Clerk of the Court shall
remove it from the docket of the Court.

This is a final appealable order. See FED. R. APP. P. 4(a).

January 18, 2023
Dated: ___________________

SO ORDERED.

______________________________
Jennifer L. Rochon (U.S.D.J.)