United States District Court, N.D. New York
DEFAULT JUDGMENT IN A CIVIL CASE
by Court. This action came to a hearing before the Court. The
issues have been heard and a decision has been rendered.
ORDERED AND ADJUDGED
Plaintiffs motion for entry of a default judgment against
Defendant, see Dkt. No. 26, is GRANTED. The Court
further ORDERS that, pursuant to this default judgment,
Defendant shall pay to Plaintiff the sum of $45, 750.00 in
statutory damages pursuant to 17 U.S.C. § 504(c)(1), and
costs and attorney's fees in the amount of $1, 562.00,
pursuant to 17 U.S.C. § 505, for a total award of $47,
312.00. The Court further ORDERS that Defendant shall pay
post-judgment interest on this award at the current legal
rate allowed and accruing under 28 U.S.C. § 1961, from
the date of the entry of judgment in this case until
Defendant has satisfied this judgment. The Court further
ORDERS that Defendant is hereby enjoined from directly,
contributorily or indirectly infringing Plaintiffs rights
under federal or state law in the 61 copyrighted works at
issue in this case, including, without limitation, by using
the internet, BitTorrent, or any other online media
distribution system to reproduce, e.g., download, or
distribute said works, or to make said works available for
distribution to the public, except pursuant to a lawful
license or with the express authority of Plaintiff. The Court
further ORDERS that Defendant shall destroy all copies of
Plaintiffs copyrighted works that he has downloaded onto any
computer hard drive or server without Plaintiffs
authorization and shall destroy all copies of said works
transferred onto any physical medium or device in
Defendant's possession, custody or control. Judgment is
entered in favor of Plaintiff.
the above pursuant to the order of the Honorable Frederick J.
Scullin, Jr., dated this 19th day of June 19, 2017
Rules of Appellate Procedure Rule 4. Appeal as of Right
Appeal in a Civil Case.
Time for Filing a Notice of Appeal.
a civil case, except as provided in Rules 4(a)(1)(B),
4(a)(4), and 4(c), the notice of appeal required by Rule 3
must be filed with the district clerk within 30 days after
entry of the judgment or order appealed from.
notice of appeal may be filed by any party within 60 days
after entry of the judgment or order appealed from if one of
the parties is:
United States agency;
United States officer or employee sued in an official
current or former United States officer or employee sued in
an individual capacity for an act or omission occurring in
connection with duties performed on the United States'
behalf - including all instances in which the United States
represents that person when the judgment or order is entered
or files the appeal for that person.
appeal from an order granting or denying an application for a
writ of error coram nobis is an appeal in a ...