Bodyguard Productions v. Avanesyan, et al., No. 2:2019cv00345 - Document 41 (D. Utah 2020)

Court Description: MEMORANDUM DECISION AND ORDER granting in part and denying in part 40 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)

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Bodyguard Productions v. Avanesyan, et al. Doc. 41 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH BODYGUARD PRODUCTIONS, INC., Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DEFAULT JUDGMENT v. Case No. 2:19-cv-00345-DN ARMANI GARIKI AVANESYAN, ET AL., District Judge David Nuffer Defendants. Plaintiff Bodyguard Productions, Inc. seeks entry of default judgment, a permanent injunction, and an award of attorney’s fees against Defendants Sean Kahlke, Hector German, Keri Deros, and Kristia Le Miles. 1 Specifically, Plaintiff seeks an award of $10,000 in statutory damages against each Defendant; a permanent injunction enjoining each Defendant from directly or indirectly infringing Plaintiff’s copyright in the motion picture The Hitman’s Bodyguard; 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 1 Plaintiff’s Motion for Default Judgment, Permanent Injunction and Attorney’s Fees as to Certain Defendants (“Motion”), docket no. 40, filed November 4, 2020. 2 Id. at 2. 3 Amended Complaint for Copyright Infringement and Jury Demand, ECF No. 81 in Gonzales, filed June 20, 2019. 4 Plaintiff’s Motion for Default Judgment Permanent Injunction and Attorney’s Fees as to Certain Defendants, ECF No. 96, filed June 29, 2020. 5 Amended Complaint for Copyright Infringement and Jury Demand (“Complaint”), docket no. 8, filed June 21, 2019; Motion. Dockets.Justia.com The only relevant differences are: the named plaintiff; the copyrighted work; and the named defendants. 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. Defendants were served 8 with Plaintiff’s Complaint; failed to timely appear and respond; and the Clerk has entered the default of each Defendant. 9 Additionally, the factual allegations of Plaintiff’s Complaint, which are deemed admitted,10 demonstrate that each Defendant is liable for willfully infringing11 Plaintiff’s copyright in the motion picture The Hitman’s Bodyguard through use of BitTorrent protocols over the Internet. Therefore, Plaintiff is entitled to entry of a default judgment against Defendants, which includes an award of statutory damages 12 against each Defendant and a permanent injunction 13 enjoining each 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 6 ECF No. 101 in Gonzales, filed Oct. 28, 2020 (“Gonzales Memorandum Decision and Order”). 7 Id. at 2-25. 8 Proof of Service, docket no. 27, filed June 25, 2020; Proof of Service, docket no. 28, filed June 25, 2020; Proof of Service, docket no. 29, filed June 25, 2020.; Proof of Service, docket no. 30, filed June 25, 2020 9 Entry of Default Pursuant to FRCP 55(a) as to Certain Defendants, docket no. 34, filed Aug. 26, 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. 2 $750 in statutory damages against each Defendant is just under the circumstances, 15 rather than the $10,000 requested, Plaintiff’s Motion16 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 each Defendant. The default judgment shall include an award to Plaintiff of $750 in statutory damages against each Defendant and a permanent injunction enjoining each Defendant from directly or indirectly infringing Plaintiff’s copyright in the motion picture The Hitman’s Bodyguard. 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 15 Gonzales Memorandum Decision and Order at 4-25. 16 Docket no. 40, filed November 4, 2020. 17 Docket no. 40, filed November 4, 2020. 3

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