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Zumba Fitness, LLC v. Walter Perissutti

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 9, 2011

ZUMBA FITNESS, LLC, PLAINTIFF,
v.
WALTER PERISSUTTI DEFENDANT.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

O

ORDER

Re: Plaintiff's Motion for Default Judgment by Court [17]

On November 8, 2011, Plaintiff Zumba Fitness, LLC's ("Plaintiff") Motion for Default Judgment came on for regular calendar before the Court [17]. The Court having reviewed all papers submitted pertaining to this Motion and having considered all arguments presented to the Court, NOW FINDS AND RULES AS FOLLOWS:

Plaintiff's Application for Default Judgment is hereby GRANTED. The Court finds that Plaintiff has satisfied all procedural requirements necessary under Local Rule 55-1 for entry of default judgment.

Specifically, the Court finds that on August 1, 2011, the clerk entered the default of Defendant Walter Perissutti ("Defendant"); Defendant is not an infant or incompetent person or in military service or otherwise exempted under the Soldiers' and Sailors' Civil Relief Act of 1940; and Defendant did not appear in this action. Further, the Court finds that the substantive factors set forth in Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) weigh in favor of granting default judgment. In addition, the Court finds that Defendant committed acts of willful copyright and trademark infringement; as such, an increased statutory damages award is appropriate under the Copyright Act § 504(c)(2) and Trademark Act § 1117(c)(2).

THEREFORE, IT IS ORDERED that:

Default judgment be entered against Defendant Walter Perissutti for damages in the amount of $430,000.00, Plaintiff's attorney's fees in the amount of $5,600.00, and costs of suit in the amount of $669.31. This judgment shall bear interest at the judgment rate from the date of entry until paid.

IT IS SO ORDERED.

20111109

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