United States District Court, W.D. Washington, Seattle
ORDER GRANTING DEFAULT JUDGMENT AND PERMANENT
INJUNCTION AGAINST DEFENDANT BUCKMAN
S. Zilly United States District Judge.
matter comes before the Court on the Plaintiffs motion for
default judgment and permanent injunction against Defendant.
Considering all pleadings and filings of record, the Court
concludes as follows:
Plaintiff Cobbler Nevada, LLC filed this action against
various Doe Defendants in the United States District Court
for the Western District of Washington for copyright
infringement, 17 U.S.C. §§ 101, et seq. (Dkt. 25),
resulting from the illegal copying and distribution of
Plaintiff s motion picture entitled The Cobbler,
registered with the United States Copyright Office, Reg. No.
Defendant is the responsible party as set forth in the
complaint and, as such, is a proper named defendant in this
Service of the amended complaint was effected on the
defaulted Defendant and proof of service field with the
Court. On September 12, 2016, the Court granted in part
Plaintiffs motion for order to show cause regarding
Defendant's failure to participate in a Rule 26(f)
conference, ordering that Defendant participate by September
30, 2016. (Dkt. 93) On December 7, 2016, the Court granted
Plaintiffs second motion for order to show cause. (Dkt. 96)
On February 24, 2017, the Court granted Plaintiffs motion for
entry of default, striking Defendant Buckman's answer and
entering default against him. (Dkt. 98)
Court has jurisdiction over the parties and venue is proper.
prevail on a copyright infringement claim, a plaintiff must
establish (1) ownership of a valid copyright and (2) copying
of constituent elements of the work that are original.
Feist Publications Inc. v. Rural Tel. Serv. Co., 499
U.S. 340 (1991). Once a default is entered against a party,
all allegations other than damages are presumed to be true.
Geddes v. United Financial Group, 559 F.2d 557, 560
(9th Cir. 1977).
Plaintiff has valid and enforceable rights in the original
copyrighted work The Cobbler, registered with the
United States Copyright Office, Reg. No. PAu 3-744-688.
Defendant has directly, indirectly and/or contributorily
infringed Plaintiffs rights by copying and distributing or
permitting, facilitating and materially contributing to the
infringement of Plaintiffs exclusive rights under The
Copyright Act by others as alleged in the amended complaint,
thereby causing Plaintiff economic harm.
U.S.C. § 502(a) authorizes an injunction to
“prevent or restrain infringement of a
copyright.” Defendant by default has been found liable
for infringement in the instant action and likely possess the
means to continue infringement in the future, meeting the
court's requirements for issuing such an injunction.
U.S.C. § 503(b) authorizes the “destruction or
other reasonable disposition” of all copies made or
used in violation of the copyright owner's exclusive
copyright infringement cases a plaintiff may elect either
actual or statutory damages. 17 U.S.C. § 504(a).
“[Statutory damages are recoverable without regard to
the existence or provability of actual damages.”
New Form, Inc. v. Tekila Films, Inc., 357 Fed.Appx.
10, 11 (9th Cir. 2009), cert. den. 130 S.Ct. 2405
(2010); Columbia Pictures Television, Inc. v. Krypton
Broad of Birmingham, Inc., 259 F.3d 1186, 1194 (9th Cir.
2001). The Copyright Act provides for statutory damages in a
sum of not less than $750 or more than $30, 000, as the court
U.S.C. § 505 provides for an award of reasonable
attorney's fees. Frank Music Corp. v.
Metro-Goldwyn-Mayer Inc., 886 F.2d 1545, 1556 (9th Cir.
1989) (citing McCulloch v. Albert E. Price, Inc.,
823 F.2d 316, 323 (9th Cir. 1987)). District courts should
consider the following nonexclusive factors in determining an
award of attorney's fees: (1) the degree of success
obtained; (2) frivolousness; (3) motivation; (4) the
objective unreasonableness of the losing party's factual
and legal arguments; and (5) the need, in particular
circumstances, to advance considerations of compensation and
deterrence. Love v. Associated Newspapers, Ltd., 611
F.3d 601, 614 (9th Cir. 2010); see also Jackson v.
Axton, 25 F.3d 884, 890 (9th Cir. 1994); Fogerty v.
Fantasy, Inc., 510 U.S. 517, 534 n. 19, 114 S.Ct. 1023,
1033 n. 19 (1994). Plaintiffs attorney's hourly billing
rate of $450 for this case is not reasonable given the nature
of the case and based on the above factors, the Court awards
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
Plaintiffs motion for default judgment and permanent
injunction is GRANTED and judgment is awarded in ...