ME2 Productions v. Does 1-26
Filing
83
MEMORANDUM DECISION AND ORDER granting in part and denying in part 81 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 12/23/20 (alt)
Case 2:17-cv-00525-DN Document 83 Filed 12/23/20 PageID.400 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ME2 PRODUCTIONS, INC.,
Plaintiff,
v.
KYLE PETT, ET AL.,
Defendants.
MEMORANDUM DECISION
AND ORDER GRANTING IN PART
AND DENYING IN PART MOTION
FOR DEFAULT JUDGMENT
Case No. 2:17-cv-00525-DN-CMR
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 Kyle Pett. 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; and the named
defendants.
Plaintiff’s Motion for Default Judgment, Permanent Injunction and Attorney’s Fees as to Certain Defendants
(“Motion”), docket no. 81, filed Dec. 22, 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 in Gonzales, filed June 29, 2020.
4
Amended Complaint for Copyright Infringement and Jury Demand (“Complaint”), docket no. 63, filed June 17,
2019; Motion.
5
Case 2:17-cv-00525-DN Document 83 Filed 12/23/20 PageID.401 Page 2 of 3
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 default has entered against 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
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. 66, filed June 2, 2020.
Memorandum Decision and Order Entering Default Against Defendant Kyle Pett and Terminating Discovery,
docket no. 78, filed Dec. 8, 2020.
9
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-00525-DN Document 83 Filed 12/23/20 PageID.402 Page 3 of 3
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.
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 Kyle Pett. 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 December 23, 2020.
BY THE COURT
________________________________________
David Nuffer
United States District Judge
15
Gonzales Memorandum Decision and Order at 4-25.
16
Docket no. 81, filed Dec. 22, 2020.
17
Docket no. 81, filed Dec. 22, 2020.
3
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