ME2 Productions v. Does 1-22
Filing
76
MEMORANDUM DECISION AND ORDER granting in part and denying in part 75 Motion for Default Judgment: any motion for attorney's fees must be filed within 14 days after the default judgment's entry. Signed by Judge David Nuffer on 11/5/20 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ME2 PRODUCTIONS, INC.,
Plaintiff,
v.
MEMORANDUM DECISION
AND ORDER GRANTING IN PART
AND DENYING IN PART MOTION
FOR DEFAULT JUDGMENT
Case No. 2:17-cv-00189-DN
JARED AGKINS,
Defendant.
District Judge David Nuffer
Plaintiff ME2 Productions, Inc. seeks entry of default judgment, a permanent injunction,
and an award of attorney’s fees against Defendant Jared Agkins. 1 Specifically, Plaintiff seeks an
award of $10,000 in statutory damages against Defendant; a permanent injunction enjoining
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
The only relevant differences are: the named Plaintiff; the copyrighted work; the named
Defendants; and the Defendants against whom default judgment is sought.
Plaintiff’s Motion for Default Judgment, Permanent Injunction and Attorney’s Fees as to Certain Defendants
(“Motion”), docket no. 75, filed July 7, 2020.
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, filed June 29, 2020.
4
Amended Complaint for Copyright Infringement and Jury Demand, docket no. 67, filed June 20, 2019; Motion,
supra note 1.
5
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.
Defendant was served 8 with Plaintiff’s Complaint; failed to timely appear and respond;
and the Clerk has entered the default of Defendant. 9 Additionally, the factual allegations of
Plaintiff’s Complaint, which are deemed admitted, 10 demonstrate that 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 Defendant, which
includes an award of statutory damages 12 against Defendant and a permanent injunction 13
enjoining 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 $750
in statutory damages against 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.
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. 69, filed June 11, 2020.
9
Entry of Default Pursuant to FRCP 55(a) as to a Certain Defendant, docket no. 73, filed June 25, 2020.
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.
15
Gonzales Memorandum Decision and Order at 4-25.
16
Docket no. 75, filed July 7, 2020.
2
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 Defendant. The default
judgment shall include an award to Plaintiff of $750 in statutory damages against Defendant and
a permanent injunction enjoining 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 November 5, 2020.
BY THE COURT
________________________________________
David Nuffer
United States District Judge
17
Docket no. 75, filed July 7, 2020.
3
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