United States District Court, D. Nevada
before the court is plaintiff's first motion for default
judgment against defendant Shannon
Soisoongnoen. (ECF No. 39).
before the court is plaintiff's second motion for default
judgment against defendant Shannon Soisoongnoen. (ECF No.
one of several similar cases originally filed by plaintiff
against numerous unidentified doe defendants for infringing
its copyright in the film “Mechanic 2:
Resurrection” by using Bit Torrent software. For a more
detailed explanation of the background to these cases,
see ME2 Productions, Inc. v. Bayu, no
2:17-cv-00724-JCM-NJK, 2017 WL 5165487 (D. Nev. Nov. 7,
November 7, 2017, the court adopted in part Magistrate Judge
Koppe's report and recommendation that all but the
first-named plaintiff be severed and dismissed from the case,
thereby dismissing all defendants except for defendant
Soisoongnoen. (ECF No. 40). On August 7, 2017, Plaintiff
brought its motion for default judgment against defendant
Soisoongnoen, who is yet to appear in this action. (ECF Nos.
October 2, 2017, plaintiff filed a subsequent motion for
default judgment that includes an upDated:torney's fee
amount. (ECF No. 39). Otherwise, the second motion for
default judgment is identical to the first motion filed on
August 7, 2017 (ECF No. 35).
a default judgment is a two-step process. Eitel v.
McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). First,
“[w]hen a party against whom a judgment for affirmative
relief is sought has failed to plead or otherwise defend, and
that failure is shown by affidavit or otherwise, the clerk
must enter the party's default.” Fed.R.Civ.P.
55(a). Federal Rule of Civil Procedure 55(b)(2) provides that
“a court may enter a default judgment after the party
seeking default applies to the clerk of the court as required
by subsection (a) of this rule.”
choice whether to enter a default judgment lies within the
discretion of the court. Aldabe v. Aldabe, 616 F.3d
1089, 1092 (9th Cir. 1980). In the determination of whether
to grant a default judgment, the court should consider the
seven factors set forth in Eitel: (1) the
possibility of prejudice to plaintiff if default judgment is
not entered; (2) the merits of the claims; (3) the
sufficiency of the complaint; (4) the amount of money at
stake; (5) the possibility of a dispute concerning material
facts; (6) whether default was due to excusable neglect; and
(7) the policy favoring a decision on the merits. 782 F.2d at
1471-72. In applying the Eitel factors, “the
factual allegations of the complaint, except those relating
to the amount of damages, will be taken as true.”
Geddes v. United Fin. Grp., 559 F.2d 557, 560 (9th
Cir. 1977); see also Fed. R. Civ. P. 8(d).
initial matter, the court will deny plaintiff's initial
motion for default judgment as moot (ECF No. 35), as
plaintiff filed a subsequent motion for default judgment (ECF
No. 39) that is identical to first, except for an updated
attorney's fee figure.
while plaintiff's motions request the court enter default
judgment against defendants Shannon Soisoongnoen, John
Schwarz, Karin Fee, and Edgar Lozano Paez, Magistrate Judge
Koppe recommended dismissal of all defendants except for
Shannon Soisoongnoen. (ECF No. 23). As this court adopted
Magistrate Judge Koppe's report and recommendation (ECF
No. 40) subsequent to plaintiff's filings on November 7,
2017, the court will ignore the inclusion of John Schwarz,
Karin Fee, and Edgar Lozano Paez by plaintiff in the instant
motion. This order applies to Shannon Soisoongnoen only.
requests the court enter default judgment against defendant
as follows: $15, 000 in statutory damages; a permanent
injunction against defendant; and attorney's fees and
costs in the amount of $5, 470. (ECF No. 39).
August 4, 2017, plaintiff filed a motion for entry of
clerk's default as to defendant Soisoongnoen (ECF No.
32), and the clerk subsequently entered default on August 7,
2017, (ECF No. 33). Therefore, plaintiff ...