ME2 Productions v. Does 1-25
Filing
105
MEMORANDUM DECISION AND ORDER granting in part and denying in part 104 Motion for Default Judgment: any motion for attorney's fees must be filed within 14 days after the default judgments entry. Signed by Judge David Nuffer on 1/29/21 (alt)
Case 2:17-cv-00179-DN Document 105 Filed 01/29/21 PageID.447 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ME2 PRODUCTIONS, INC.,
Plaintiff,
v.
VAIPAPA TALIA, et al.,
Defendants.
MEMORANDUM DECISION
AND ORDER GRANTING IN PART
AND DENYING IN PART MOTION
FOR DEFAULT JUDGMENT
Case No. 2:17-cv-00179-DN
District Judge David Nuffer
Plaintiff ME2 Productions, Inc. seeks entry of default judgment, a permanent injunction,
and an award of attorney’s fees against Defendants Vaipapa Talia, Krista Webber, Maria Flores,
and Norma Vega Lopez. 1 Specifically, Plaintiff seeks an award of $10,000 in statutory damages
against each Defendant; a permanent injunction enjoining each Defendant from directly or
indirectly infringing Plaintiff’s copyright in the motion picture Mechanic: Resurrection; and an
award of costs and attorney’s fees. 2
Plaintiff’s counsel in this case is the same as the plaintiff’s counsel in LHF Productions,
Inc. v. Gonzales et al., No. 2:17-cv-00103-DN (D. Utah). A complaint 3 and motion for default
judgment 4 were filed in Gonzales, which are substantively identical to those filed in this case. 5
Plaintiff’s Motion for Default Judgment, Permanent Injunction and Attorney’s Fees as to Certain Defendants
(“Motion”), docket no. 104, filed Jan. 28, 2021.
1
2
Id. at 2.
3
Amended Complaint for Copyright Infringement and Jury Demand, ECF No. 81 in Gonzales, filed June 20, 2019.
Plaintiff’s Motion for Default Judgment Permanent Injunction and Attorney’s Fees as to Certain Defendants, ECF
No. 96 in Gonzales, filed June 29, 2020.
4
Amended Complaint for Copyright Infringement and Jury Demand (“Complaint”), docket no. 83, filed June 17,
2019; Motion.
5
Case 2:17-cv-00179-DN Document 105 Filed 01/29/21 PageID.448 Page 2 of 3
The only relevant differences are: the named plaintiff; the copyrighted work; and the named
defendants.
On October 28, 2020, a Memorandum Decision and Order Granting in Part and Denying
in Part Motion for Default Judgment was entered in Gonzales (“Gonzales Memorandum
Decision and Order”). 6 Because this case and Gonzales are substantively identical, the Gonzales
Memorandum Decisions and Order’s analysis, findings of fact, and conclusions of law 7 are
adopted in total and apply to Plaintiff’s Motion in this case.
Defendants were served 8 with Plaintiff’s Complaint; failed to timely appear and respond;
and the Clerk has entered the default of each Defendant. 9 Additionally, the factual allegations of
Plaintiff’s Complaint, which are deemed admitted, 10 demonstrate that each Defendant is liable
for willfully infringing 11 Plaintiff’s copyright in the motion picture Mechanic: Resurrection
through use of BitTorrent protocols over the Internet.
Therefore, Plaintiff is entitled to entry of a default judgment against Defendants, which
includes an award of statutory damages 12 against each Defendant and a permanent injunction 13
enjoining each Defendant from directly or indirectly infringing Plaintiff’s copyright. Plaintiff is
also entitled to an award of its costs and reasonable attorney’s fees. 14 But because an award of
6
ECF No. 101 in Gonzales, filed Oct. 28, 2020 (“Gonzales Memorandum Decision and Order”).
7
Id. at 2-25.
8
Proof of Service Declaration of Todd E. Zenger, docket no. 87, filed June 11, 2020.
9
Entry of Default Pursuant to FRCP 55(a) as to Certain Defendants, docket no. 103, filed Jan. 14, 2021.
10
Tripodi v. Welch, 810 F.3d 761, 764-65 (10th Cir. 2016).
11
17 U.S.C. §§ 411(a), 501; La Resolana Architects, PA v. Reno, Inc., 555 F.3d 1171, 1177-1180 (10th Cir. 2009).
12
17 U.S.C. § 504(c).
13
Id. § 502(a).
14
Id. § 505.
2
Case 2:17-cv-00179-DN Document 105 Filed 01/29/21 PageID.449 Page 3 of 3
$750 in statutory damages against each Defendant is just under the circumstances, 15 rather than
the $10,000 requested, Plaintiff’s Motion 16 is GRANTED in part and DENIED in part.
ORDER
IT IS HEREBY ORDERED that Plaintiff’s Motion 17 is GRANTED in part and DENIED
in part. Default judgment shall enter in favor of Plaintiff and against each Defendant. The default
judgment shall include an award to Plaintiff of $750 in statutory damages against each Defendant
and a permanent injunction enjoining each Defendant from directly or indirectly infringing
Plaintiff’s copyright in the motion picture Mechanic: Resurrection. Plaintiff is also entitled to an
award of its costs and reasonable attorney’s fees, the amount of which shall be determined by
subsequent motion.
IT IS FURTHER ORDERED that any motion for attorney’s fees must be filed within 14
days after the default judgement’s entry.
The Clerk is directed to close the case.
Signed January 29, 2021.
BY THE COURT
________________________________________
David Nuffer
United States District Judge
15
Gonzales Memorandum Decision and Order at 4-25.
16
Docket no. 104, filed Jan. 28, 2021.
17
Docket no. 104, filed Jan. 28, 2021.
3
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