Malibu Media, LLC v. Doe

Filing 19

ENTRY AND ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT (DOC. 18 ) AND ENTERING DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT DANIEL DELPH. Signed by Judge Thomas M. Rose on 10/14/15. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MALIBU MEDIA, LLC,

:
Case No. 3:15-cv-040

Plaintiff,

:
Judge Thomas M. Rose

v.

:

DANIEL DELPH,

:
Defendant.

:

______________________________________________________________________________
ENTRY AND ORDER GRANTING MOTION FOR ENTRY OF DEFAULT
JUDGMENT (DOC. 18) AND ENTERING DEFAULT JUDGMENT AND
PERMANENT INJUNCTION AGAINST DEFENDANT DANIEL DELPH
______________________________________________________________________________
THIS CAUSE is before the Court on Plaintiff’s Motion for Default Judgment Against
Daniel Delph (“Motion”) (Doc. 18). Having considered the Motion, being otherwise duly
advised in the premises, and good cause appearing, the Court hereby
FINDS:
1.

The address of Plaintiff is:
409 W. Olympic Blvd., Suite 501
Los Angeles, CA 90015

2.

The name and address of Defendant is:
Daniel Delph
2834 Foxwood Court
Miamisburg, OH 45342

3.

This Court has jurisdiction over the subject matter of this case and the parties.

4.

Venue is proper in this District.

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5.

The Amended Complaint states claims for direct copyright infringement, in

violation of 17 U.S.C. § 106, and contributory copyright infringement upon which relief may be
granted against Defendant.
6.

Defendant has failed to plead or otherwise defend against Plaintiff’s Amended

Complaint in this action.
7.

Default was entered as to Defendant on July 29, 2015.

8.

Defendant is not a minor, incompetent person or in active military service.

9.

By reason of default, Defendant has admitted the truth of the allegations in

Plaintiff’s Amended Complaint.
10.

Under Count I of the Amended Complaint, Defendant is hereby found liable to

Plaintiff for willfully committing direct copyright infringement.
11.

Defendant will continue to cause Plaintiff irreparable injury. Specifically, there is

an existing threat of continued violations of Plaintiff’s exclusive rights to reproduce, distribute,
perform and display the 20 copyrighted works listed on Exhibit A attached hereto (the “Works”)
through Defendant’s use of the BitTorrent protocol to upload and download the Works between
and among peer users without authorization from Plaintiff.
12.

There will be no injury to Defendant caused by entry of a permanent injunction

requiring Defendant to cease infringing Plaintiff’s Works.
13.

Entry of a permanent injunction against Defendant is in the public interest because

it “preserv[es] the integrity of copyright laws which encourage individual effort and creativity by
granting valuable enforceable rights.” DSC Communications Corp. v. DGI Technologies, 898 F.
Supp.1183, 1196 (N.D. Tex. 1995).
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14.

In accordance with Rule 65(d), Federal Rules of Civil Procedure, this Default

Judgment shall be binding upon Defendant and all other persons in active concert or participation
with Defendant who receive actual notice of this Default Judgment.
15.

Plaintiff has submitted a Declaration demonstrating that Plaintiff expended a total

of $1,657.00 in attorneys’ fees and costs, which amount this Court finds reasonable.
Based on the foregoing findings, it is:
ORDERED AND ADJUDGED that Defendant Daniel Delph:
(a)

Shall pay to Plaintiff the sum of $45,000.00 in statutory damages, as authorized

under 17 U.S.C. § 504(c)(1), and $1,657.00 for attorneys’ fees and costs, as authorized under 17
U.S.C. § 505, making a total of $46,657.00, for which let execution issue forthwith;
(b)

Shall pay to Plaintiff post-judgment interest at the current legal rate allowed and

accruing under 28 U.S.C. § 1961 as of the date of this Default Judgment until the date of its
satisfaction;
(c)

Be and hereby is enjoined from directly, contributorily or indirectly infringing

Plaintiff’s rights under federal or state law in the Works, including, without limitation, by using the
internet, BitTorrent or any other online media distribution system to reproduce (e.g., download) or
distribute the Works, or to make the Works available for distribution to the public, except pursuant
to a lawful license or with the express authority or Plaintiff; and
(d) Be and is hereby ordered to destroy all copies of Plaintiff’s works that the Defendant
Daniel Delph has downloaded onto any computer hard drive or server without Plaintiff’s
authorization, and shall destroy all copies of the Works transferred onto any physical medium or
device in Defendant Daniel Delph’s possession, custody, or control.
(e) The Court shall retain jurisdiction over this action for six months or until the judgment
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is satisfied to entertain such further proceedings supplementary and to enter such further orders as
may be necessary or appropriate to implement and enforce the provisions of this Default
Judgment.
DONE and ORDERED in Dayton, Ohio, this Wednesday, October 14, 2015.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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