Un4 Prods., Inc. v. Primozich

372 F. Supp. 3d 1129
CourtDistrict Court, W.D. Washington
DecidedMarch 14, 2019
DocketCase No. C17-1404RSL
StatusPublished
Cited by26 cases

This text of 372 F. Supp. 3d 1129 (Un4 Prods., Inc. v. Primozich) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Un4 Prods., Inc. v. Primozich, 372 F. Supp. 3d 1129 (W.D. Wash. 2019).

Opinion

Robert S. Lasnik, United States District Judge

I. INTRODUCTION

This matter comes before the Court on plaintiff UN4's motions for default judgment against defendants Clint Primozich (Dkt. # 57), Hannah Lund (Dkt. # 59), Michael Underwood (Dkt. # 61), Mike McGinness (Dkt. # 63), and Asis Chowdhury (Dkt. # 65). Having reviewed the relevant briefing and the remainder of the record, UN4's motions for default judgment are GRANTED IN PART and DENIED IN PART.

II. BACKGROUND

The five motions for default judgment that are the subject of this Order are just a portion of the more than one hundred default judgment motions filed by plaintiff's counsel in twenty-six cases before the undersigned. All of the cases assert essentially the same causes of action based on remarkably similar allegations, although the motion picture at issue, the owner of the copyright, and the defendants vary. For purposes of these motions, UN4 alleges that 60 individual defendants unlawfully infringed its exclusive copyright to the motion picture Boyka Undisputed 4 , which it developed and produced, by copying and distributing the film over the Internet *1133through a peer-to-peer network using the BitTorrent protocol. Plaintiff served internet service providers ("ISP's") with subpoenas in order to identify the alleged infringers. Amended complaints identifying defendants by name were subsequently filed.

Defendants Primozich, Lund, Underwood, McGinness, and Chowdhury (collectively "Defendants") are named in the same complaint because, given the unique identifier associated with a particular digital copy of Boyka Undisputed 4 and the timeframe in which the internet protocol address associated with each Defendant accessed that digital copy, UN4 alleges the named Defendants were all part of the same "swarm" of users that reproduced, distributed, displayed, and/or performed the copyrighted work. According to UN4, Defendants directly or indirectly shared, downloaded, and distributed a single unique copy of Boyka Undisputed 4 that had been seeded to the torrent network at some undefined point in the past.

Defendants did not respond to UN4's complaint. The Clerk of Court therefore entered default against Defendants at UN4's request. See Dkts. # 37-41. UN4 now seeks judgment against each Defendant.

III. DISCUSSION

Federal Rule of Civil Procedure 55(b) authorizes a court to grant default judgment. Prior to entering judgment in defendant's absence, the Court must determine whether the allegations of a plaintiff's complaint establish his or her liability. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). The court must accept all well-pled allegations of the complaint as established fact, except allegations related to the amount of damages. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987). Where the alleged facts establish a defendant's liability, the court has discretion, not an obligation, to enter default judgment. Alan Neuman Productions, Inc. v. Albright, 862 F.2d 1388, 1392 (9th Cir. 1988). If plaintiff seeks an award of damages, it must provide the Court with evidence to establish the amount. TeleVideo Sys., 826 F.2d at 917-18.

A. Liability Determination.

The allegations in UN4's complaint establish Defendants' liability for direct copyright infringement. To establish direct infringement, UN4 must demonstrate ownership of a valid copyright and that Defendants copied "constituent elements of the work that are original." L.A. Printex Indus., Inc. v. Aeropostale, Inc., 676 F.3d 841, 846 (9th Cir. 2012) (quoting Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991) ). Here, UN4 alleges it owns the exclusive copyright to the motion picture Boyka Undisputed 4 and that Defendants participated in a "swarm" to unlawfully copy and/or distribute the same unique copy of Boyka Undisputed 4. These allegations were established by entry of default against Defendants. Accordingly, UN4 has established Defendants' liability for direct copyright infringement.

B. Default Judgment is Warranted.

Having established liability, plaintiff must also show that default judgment is warranted. Courts often apply the factors listed in Eitel, 782 F.2d at 1471-72, to make this determination. Those factors are:

"(1) the possibility of prejudice to the plaintiff, (2) the merits of plaintiff's substantive claim, (3) the sufficiency of the complaint, (4) the sum of money at stake in the action; (5) the possibility of a dispute concerning material facts; (6) whether the default was due to excusable *1134neglect, and (7) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits."

The majority of these factors weigh in favor of granting default judgment against Defendants. UN4 may be prejudiced without the entry of default judgment as it will be left without a legal remedy. See Landstar Ranger, Inc. v. Parth Enters., Inc., 725 F.Supp.2d 916, 920 (C.D. Cal. 2010). UN4's complaint sufficiently alleges a claim of direct copyright infringement, and Defendants did not present any evidence or argument to the contrary.

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Bluebook (online)
372 F. Supp. 3d 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/un4-prods-inc-v-primozich-wawd-2019.