Kerry Marshall, Jr. v. Durrell Babbs et al
| Kerry Marshall, Jr. |
| Atlantic Recording Corporation, Durrell Babbs, Does, Jeremy Hairston, Johnnie Newt and Rickey Offord |
| 2:2018cv03822 |
| May 8, 2018 |
| US District Court for the Central District of California |
| Alexander F. MacKinnon |
| Dean D. Pregerson |
| Other |
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Filing
114
JUDGMENT by Judge Dean D. Pregerson. JUDGMENT IS HEREBY ENTERED in favor of plaintiff Kerry Marshall Jr., p/k/a Kerry 2Smooth and K2S (Plaintiff or Marshall), and against defendant Jeremy Hairston (Hairston) and defendant Rickey Offord p/k/a Slikk or Slikk Muzik (Offord) (collectively, Defendants), jointly and severally. The Judgment is entered jointly and severally, based upon the finding that Defendants caused one indivisible injury with respect to their production and promotion of the song Only One (the Infringing Song), in the sum of $67,755.25, consisting of: (a) Plaintiffs actual damages totaling $20,000.00; (b) Defendant Hairstons ill-gained profits, including his share of publishing and writer revenues totaling $10 ,636.00; (c) Defendant Offords ill-gained profits, including his share of publishing and writer revenues totaling $14,453.00; (d) interest attributable to Defendants Hairston and Offord totaling $7,359.88; and, (e) Plaintiffs costs incurred in this litigation totaling $15,306.37. In addition, Plaintiff is entitled topost-judgment interest at the statutory rate of 10% per annum going forward from the date this Judgment is entered. The Judgment shall also permanently enjoin Def endants, pursuant to 17 U.S.C. section 502, and their officers, agents, employees, attorneys, successors, licensees, partners, and assigns, and all those acting directly or indirectly in concert or participation with any of them. The Court hereby ORD ERS: Defendants are permanently enjoined from further infringing directly or contributorily infringing by any means and/or inducing copyright infringement by any means, the exclusive rights of Plaintiff and his affiliates under the Copyright Act, including, but not limited to, any of Plaintiffs rights in any of the copyrighted works listed in Exhibits B and C to Plaintiffs First Amended Complaint. (Dckt. 51-2 and 51-3.) See order for further details. (MD JS-6. Case Terminated) (shb)
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Filing
68
ORDER by Judge Dean D. Pregerson: RE 54 MOTION to Dismiss The Second and Third Causes of Action and Request for Attorney Fees. The court GRANTS Defendants motion to dismiss. Plaintiffs request for statutory damages and attorneys fees is dismissed with prejudice. (shb)
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Filing
50
ORDER by Judge Dean D. Pregerson: GRANTING 37 MOTION for Partial Summary Judgment as to ON THE REQUEST OF PLAINTIFF KERRY MARSHALL, JR. p/k/a KERRY 2SMOOTH AND K2S FOR STATUTORY DAMAGES AND ATTORNEYS FEES. The court GRANTS Defendants motion for partial summary judgment. Plaintiff is granted leave to amend the complaint within 20 days of the date of this order. (shb)
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