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United Fabrics International, Inc v. Everything 123 & Up

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 24, 2012

UNITED FABRICS INTERNATIONAL, INC., PLAINTIFF,
v.
EVERYTHING 123 & UP, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Otis D. Wright, II United States District Judge

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT [22]

I.INTRODUCTION

Before the Court is Plaintiff United Fabrics International, Inc.'s March 26, 2012 Motion for Default Judgment against Defendant Everything 123 & Up ("Everything"). (Dkt. No. 22.) The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. For the following reasons, the Court GRANTS Plaintiff's Motion.

The Clerk entered default against Everything on February 29, 2012, and Plaintiff correctly asserts that Default Judgment by the Court against Everything is now warranted. Having carefully considered Plaintiff's motion papers, pleadings, and supporting declarations in light of the seven factors enumerated in Eitel v. McCool, 782 F.2d 1470, 1471--72 (9th Cir. 1986), the Court finds sufficient evidence as to liability, damages, and attorney's fees. Accordingly, Plaintiff's Motion is GRANTED as to liability and as to statutory damages for infringement in the amount of $40,000.00 (comprising $20,000.00 for each of the two acts of infringement). See 17 U.S.C. § 504(c).

As for Plaintiff's request for attorneys' fees, the Court finds that the requested fees are based on reasonable rates and hours expended. See Van Gerwen v. Guarantee Mut. Life Co., 214 F.3d 1041, 1045 (9th Cir. 2000). The Court therefore GRANTS Plaintiff's request for attorney's fees in the amount of $2,635.00

For the reasons discussed above, Plaintiffs' motion for default judgment is GRANTED in its entirety. Judgment will be entered against Defendant in a subsequently filed Judgment in the amount of $42,635.00.

IT IS SO ORDERED.

20120424

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