Eric V. Macklin v. Eric Mueck, No. 05-17161 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 05-17161 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT August 29, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 00-14092-CV-KMM ERIC V. MACKLIN, Plaintiff-Appellee, versus ERICK MUECK, a.k.a. Howard Ely, INTERNATIONAL LIBRARY OF POETRY, NATIONAL LIBRARY OF POETRY, ALEX HANLEY, POETRY.COM, Defendants-Appellants. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (August 29, 2006) Before ANDERSON, BIRCH and WILSON, Circuit Judges. PER CURIAM: The defendants, Erick Mueck, International Library of Poetry, National Library of Poetry, Alex Hanley, and Poetry.com (collectively, the defendants ), appeal a default judgment for $300,000 in statutory damages rendered against them for infringing Eric Macklin s copyright of two poems. The defendants claim that the district court erred or abused its discretion (1) by finding that it had subject matter jurisdiction, (2) by finding that the defendants willfully infringed two of Macklin s works, (3) by denying their post-verdict request for a jury trial or an evidentiary hearing to determine damages; and (4) by finding that they were properly served with filings and motions. After thoroughly considering the briefs and the record, we find no reversible error. AFFIRMED. 2

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