Broadcast Music, Inc. et al v. Win, Place or Show, Ltd. et al

Filing 25

ORDER granting 23 MOTION for Default Judgment against Win, Place or Show, Ltd. filed by Screen Gems-EMI Music, Inc., Songs of Universal, Inc., Broadcast Music, Inc., Rhythm Wrangler Music, Groper Music, Sony/ATV Songs LLC, Little Maestro Music, Eight Mile Style Music, E.O. Smith Music, Adult Music; DEFAULT JUDGMENT entered as to Win, Place or Show only. Signed by Judge Michael R. Barrett on 11/19/13. (ba1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

BROADCAST MUSIC, INC.;
SONY/ATV SONGS LLC d/b/a
SONY/ATV TREE PUBLISHING;
SONGS OF UNIVERSAL, INC.;
ADULT MUSIC;
SCREEN GEMS-EMI MUSIC, INC.;
GROPER MUSIC;
RHYTHM WRANGLER MUSIC;
E.O. SMITH MUSIC;
LITTLE MAESTRO MUSIC;
SONY/ATV SONGS LLC d/b/a
SONY/ATV MELODY;
EIGHT MILE STYLE MUSIC;
7 World Trade Center
250 Greenwich Street
New York, New York 10007
Plaintiffs,
v.
WIN, PLACE OR SHOW, LTD. d/b/a
WIN PLACE OR SHOW
c/a Terrance A. Mire, Statutory Agent
250 E. Fifth Street, Suite 1200
Cincinnati, Ohio 45202
TROY W. TEEPE
c/o Win Place or Show
9933 Cincinnati Columbus Road
Cincinnati, Ohio 45241
Defendants.

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CASE NO.: 1:13-cv-00142

JUDGE BARRETT

ORDER OF JUDGMENT
This matter came before the Court on Plaintiffs' Motion for Default Judgment. (Doc. 23).
Having considered the pleadings, affidavits and memorandum, it is ORDERED AND
ADJUDGED:
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I
Plaintiffs' Motion for Default Judgment (Doc. 23) is GRANTED against Defendant Win,
Place or Show, Ltd., with the Court finding that Defendant Win, Place or Show knowingly and
intentionally infringed upon the copyrights of seven (7) musical compositions owned and/or
licensed by Plaintiffs. The Motion for Default Judgment (Doc. 23) is DENIED as to Defendant
Troy W. Teepe who appeared at the November 19, 2013 default judgment hearing. Defendant
Troy W. Teepe shall have up to and including December 16, 2013 to move, plead or otherwise
respond to the Complaint.
II
Plaintiffs shall recover from Defendant Win, Place or Show, Ltd. statutory damages in
the amount of five thousand dollars ($5,000) for each of the seven (7) musical compositions, for
a total of $35,000, pursuant to 17 U.S.C. Section 504(c)(1).
III
Plaintiffs shall recover from Defendant Win, Place or Show, Ltd. full costs in this action,
including reasonable attorney's fees in the amount of $3,250.00 pursuant to 17 U.S.C. Section
505.
IV
Plaintiffs shall recover from Defendant Win, Place or Show, Ltd. interest on the full
amount of this judgment, from the date of this judgment, pursuant to 28 U.S.C. Section 1961.
V.
Defendant Win, Place or Show, Ltd. and its agents, servants, employees and all persons
acting under their permission or authority shall be permanently enjoined and restrained from

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infringing, in any manner, the copyrighted musical compositions licensed by Broadcast Music,
Inc.
VI
This Court shall retain jurisdiction over this action for the purpose of enforcing the
judgment granted against Defendant Win, Place or Show, Ltd.

DATED: November 21, 2013
s/Michael R. Barrett
Michael R. Barrett, Judge
United States District Court

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