Broadcast Music, Inc. et al v. DeFosse Properties, LLC et al

Filing 13

DEFAULT JUDGMENT in favor of Blues Traveler Publishing Corporation, Broadcast Music, Inc., Carnival Music Company, Chrysalis One America LLC, Forthefallen Publishing, MJ Publishing Trust, Nashville Star Music, Sony/ATV Songs LLC, Warner-Tamerlane Publishing Corp., Zombies Ate My Publishing against DeFosse Properties, LLC, Jesse R. DeFosse in the amount of $ 40,000.00. (BBC / PAO). (rep)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

BROADCAST MUSIC, INC.; MJ
PUBLISHING TRUST d/b/a MIJAC
MUSIC; MJ PUBLISHING TRUST
d/b/a MIRAN PUBLISHING INC.;
BLUES TRAVELER PUBLISHING
CORPORATION; WARNER-TAMERLANE
PUBLISHING CORP.; ZOMBIES ATE
MY PUBLISHING; FORTHEFALLEN
PUBLISHING; CHRYSALIS ONE
AMERICA LLC d/b/a CHRYSALIS
ONE SONGS; SONYI ATV SONGS LLC
d/b/a SONYI ATV TREE
PUBLISHING; NASHVILLE STAR
MUSIC, A DIVISION OF REVEILLE
MUSIC PUBLISHING LLP;
CARNIVAL MUSIC COMPANY d/b/a
TILTAWHIRL MUSIC,
Case No. 13-cv-179

Plaintiffs,

v.
DEFOSSE PROPERTIES, LLC d/b/a
SHOWBOAT SALOON; JESSER.
DEFOSSE, individually,
Defendants.

ORDER OF JUDGMENT

This matter came before the Court on Plaintiffs' Motion for Default Judgment. Having
considered the pleadings, affidavits and memorandum, it is ORDERED AND ADJUDGED:
Plaintiffs' Motion for Default Judgment against Defendants DEFOSSE PROPERTIES, LLC
d/b/a Showboat Saloon and Jesse R. DeFosse is granted, this Court finding that Defendants
WHD/9511178.1

knowingly and intentionally infringed upon the copyrights of seven (7) musical compositions
owned and/or licensed by Plaintiffs.

II
Plaintiffs shall recover from Defendants DEFOSSE PROPERTIES, LLC d/b/a Showboat
Saloon and Jesse R. DeFosse, jointly and severally, statutory damages in the amount of Five
Thousand Dollars ($5,000.00) for each of the seven (7) musical compositions, for a total of ThirtyFive Thousand Dollars ($35,000.00), pursuant to 17 U.S.C. Section 504(c)(1).

III
Plaintiffs shall recover from Defendants DEFOSSE PROPERTIES, LLC d/b/a Showboat
Saloon and Jesse R. DeFosse, jointly and severally, full costs in this action, including reasonable
attorneys' fees in the amount of $5,000.00, pursuant to 17 U.S.C. Section 505.
IV
Plaintiffs shall recover from Defendants DEFOSSE PROPERTIES, LLC d/b/a Showboat
Saloon and Jesse R. DeFosse, jointly and severally, interest on the full amount of this judgment,
from the date of this judgment, pursuant to 28 U.S.C. Section 1961.

v
Defendants DEFOSSE PROPERTIES, LLC d/b/a Showboat Saloon and JesseR. DeFosse
and their agents, servants, employees and all persons acting under their permission or authority
shall be permanently enjoined and restrained from infringing, in any manner, the copyrighted
musical compositions licensed by Broadcast Music, Inc.

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VI
This Court shall retain jurisdiction over this action for the purpose of enforcing the
judgment granted.

'2013.

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c.

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UNITED STATES DISTRICT JUDGE

Judgment entered this (~day of June, 2013.

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Peter Oppeneer
Clerk of Court

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