Broadcast Music, Inc. et al v. Lake House Tavern, LLC et al

Filing 21

DEFAULT JUDGMENT in favor of plaintiffs and against defendants Lake House Tavern, LLC, and Richard E. Lowe, Jr. Plaintiffs shall recover the amount of $5,000.00 for each of the 3 musical compositions for a total of $15,000.00. Plaintiffs shall recover from defendants full costs in this action, including attorneys' fees in the amount of $10,322.00. Signed by District Judge Richard Voorhees on 1/1012. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:11CV109-RLV
BROADCAST MUSIC, INC., et al.,

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)
)
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Plaintiffs,
v.

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ORDER AND JUDGMENT

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LAKE HOUSE TAVERN, LLC d/b/a WHITE OWL )
TAVERN, and RICHARD E. LOWE, JR., and
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SANDY LOWE, each individually,
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Defendants.
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THIS MATTER came to be heard and was heard by the undersigned upon Plaintiffs
Motion for Default Judgment against Defendants Lake House Tavern, LLC d/b/a White Owl
Tavern, and Richard E. Lowe, Jr. individually. Having reviewed Plaintiffs’ motion and
supporting memorandum, and pursuant to Rule 55(b) of the Federal Rules of Civil
Procedure, IT IS HEREBY ORDERED AND ADJUDGED THAT:
(a)

Plaintiffs’ Motion for Default Judgment against Defendants Lake House

Tavern, LLC d/b/a White Owl Tavern, and Richard E. Lowe, Jr. individually is granted, this
Court finding that Defendants knowingly and intentionally and willfully infringed upon the
copyrights of three (3) musical compositions owned and/or licensed by Plaintiffs.
(b)

Plaintiffs shall recover from Defendants Lake House Tavern, LLC d/b/a White

Owl Tavern, and Richard E. Lowe, Jr. individually, jointly and severally, statutory damages in
the amount of $5,000 for each of the three (3) musical compositions, for a total of $15,000,
pursuant to 17 U.S.C. Section 504(c)(1).
(c)

Plaintiffs shall recover from Defendants Lake House Tavern, LLC d/b/a White

Owl Tavern, and Richard E. Lowe, Jr. individually, jointly and severally, full costs in this

action, including reasonable attorneys’ fees, in the amount of $10,322.00 pursuant to 17 U.S.C.
Section 505.
(d)

Plaintiffs shall recover from Defendants Lake House Tavern, LLC d/b/a White

Owl Tavern, and Richard E. Lowe, Jr. individually, jointly and severally, interest on the full
amount of this judgment, from the date of this judgment, pursuant to 28 U.S.C. Section 1961.
(e)

Defendants Lake House Tavern, LLC d/b/a White Owl Tavern, and Richard

E. Lowe, Jr. individually, and their agents, servants, employees and all persons acting under
their permission or authority shall be permanently enjoined and restrained from infringing, in
any manner, the copyrighted musical compositions licensed by Broadcast Music, Inc.
(f)

This Court shall retain jurisdiction over this action for the purpose of enforcing

the judgment granted.
IT IS SO ORDERED.

Signed: January 10, 2012