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Zumba Fitness, LLC v. Eddie Rojas

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 18, 2012

ZUMBA FITNESS, LLC, PLAINTIFF,
v.
EDDIE ROJAS, DEFENDANT.

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

ORDER Re: Plaintiff's Motion for Entry of Default Judgment by Court [14]

Currently before the Court is Plaintiff Zumba Fitness, LLC's ("Plaintiff") Motion for Default Judgment [14]. The Motion was set for hearing on December 20, 2011, but taken under on submission on December 9, 2011. The Court having reviewed all papers submitted pertaining to this Motion, NOW FINDS AND RULES AS FOLLOWS:

Plaintiff's Motion 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 September 8, 2011, the clerk entered the default of Defendant Eddie Rojas ("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).

Accordingly, Default judgment is hereby entered against Defendant 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 $1,111.58. This judgment shall bear interest at the judgment rate from the date of entry until paid.

IT IS SO ORDERED.

20120118

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