IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

BROADCAST MUSIC, INC., SONY/ATV No. 3:14-cv-01093-HZ

SONGS LLC, BERNARD EDWARDS 

COMPANY LLC, EMI VIRGIN SONGS, INC., OPINION & ORDER

dba EMI Longitude Music, PWMP ACQUISITION

I LLC, dba Primary Wave Brian, HOT-CHA

MUSIC CO., UNICHAPPELL MUSIC INC., 

UNIVERSAL MUSIC MGB NA LLC, dba 

Universal Music Careers, BEECHWOOD MUSIC

CORPORATION, E.O. SMITH MUSIC, EMI

BLACKWOOD MUSIC, INC., HIP CITY MUSIC,

INC., and HIFROST PUBLISHING,

Plaintiffs,

v.

TRIPLE NICKEL PUB, LLC, dba Triple Nickel

Pub, and FADI NABOULSI,

Defendants.

Loren D. Podwill

Nels J. Vulin

Bullivant Houser Bailey, PC

888 SW Fifth Ave., Ste. 300

Portland, OR 97204 

Attorneys for Plaintiffs

1 - OPINION & ORDER

Case 3:14-cv-01093-HZ Document 19 Filed 12/09/14 Page 1 of 3
HERNÁNDEZ, District Judge:

Plaintiffs move for entry of default judgment [18] against Defendants. The court grants

the motion and awards $12,000 in statutory damages, attorney fees of $5,500, and costs of $455. 

BACKGROUND

Plaintiffs bring this action for copyright infringement under the Copyright Act, 17 U.S.C. 

§ 101 et seq. Plaintiffs allege eight instances of willful copyright infringement based on 

Defendants’ unauthorized public performance of musical compositions. Compl. ¶ 23. Plaintiffs 

request that Defendants be enjoined from infringing on Plaintiffs’ copyrighted musical 

compositions, statutory damages, attorney fees, and costs. Id. at 6.

STANDARD

Rule 55(a) requires the Clerk of the Court to enter an order of default if a party has failed 

to timely plead or otherwise defend. “[U]pon default the factual allegations of the complaint, 

except those relating to the amount of damages, will be taken as true.” Geddes v. United 

Financial Group, 559 F.2d 557, 560 (9th Cir. 1977); SEC v. Wencke, 577 F.2d 619, 622 (9th Cir. 

1977) (without an answer in the record, every well-pleaded allegation in the complaint is deemed 

admitted). As to whether to enter a default judgment, the court has discretion. DIRECTV, Inc. 

v. Hoa Huynh, 503 F.3d 847, 852 (9th Cir. 2007). In exercising its discretion, the court may 

consider

(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 neglect, and (7) the strong policy 

underlying the Federal Rules of Civil Procedure favoring decisions on the merits.

Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). “[D]efault judgments are ordinarily 

disfavored.” Id. at 1472.

2 - OPINION & ORDER

Case 3:14-cv-01093-HZ Document 19 Filed 12/09/14 Page 2 of 3
DISCUSSION

This case was filed on July 9, 2014. Defendants were served on July 16, 2014. 

Affidavits of Service [11, 12]. Plaintiffs’ moved for entry of default, which was entered on 

September 23, 2014. Clerk’s Entry of Default [16]. Before me is Plaintiffs’ motion for entry of 

default judgment. Plaintiffs request statutory damages of $1,500 per violation, for a total of 

$12,000 for the eight claims of copyright infringement.0F

1

 Pls.’ Mem. 3. Plaintiffs also request 

$5,500 in attorney fees and $455 in costs. Vulin Decl. ¶ 7. The court has reviewed the 

declarations in support of the motion and considering the seven factors, finds that entry of default 

judgment is warranted.

CONCLUSION

Based on the foregoing, Plaintiffs’ motion for entry of default judgment [18] is granted. 

Plaintiffs are awarded $12,000 in statutory damages, $5,500 in the attorney fees, and $455 in 

costs.

IT IS SO ORDERED.

Dated this day of December, 2014.

 

MARCO A. HERNÁNDEZ

United States District Judge

1 The court may award between $750 and $30,000 in statutory damages for violation of each 

work. 17 U.S.C. § 504(c)(1).

3 - OPINION & ORDER

 

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