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Malibu Media, LLC v. Ofiesh

United States District Court, N.D. New York

June 19, 2017

MALIBU MEDIA, LLC, d/b/a X-Art.com, Plaintiff,
v.
KYLE OFIESH, Defendant.

          DEFAULT JUDGMENT IN A CIVIL CASE

         Decision by Court. This action came to a hearing before the Court. The issues have been heard and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED

         That 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.

         All of the above pursuant to the order of the Honorable Frederick J. Scullin, Jr., dated this 19th day of June 19, 2017

         Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

         (a) Appeal in a Civil Case.

         1. (1) Time for Filing a Notice of Appeal.

         (A) In 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.

         (B) The 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:

         (i) the United States;

         (ii) a United States agency;

         (iii) a United States officer or employee sued in an official capacity; or

         (iv) a 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.

         (C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a ...


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