Intrepidus, LLC v. Bivins et al
| Intrepidus, LLC |
| Eric Monse, Phillip Salsbury Schloss, Glenn J. Bivens and The Salsbury Fortress, LLC |
| 1:2015cv07721 |
| September 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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Filing
91
ORDER ADOPTING REPORT AND RECOMMENDATION: for 90 Report and Recommendation. The Court has reviewed carefully Magistrate Judge Pitman's thorough and well reasoned Report and Recommendation and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Accordingly, the Clerk of Court is respectfully directed to enter judgment in Plaintiff's favor as against Defendant Glenn J. Bivins in the amount of $35,500.00. Plaintiff's request for attorneys' fees and costs is denied. This Order resolves docket entry nos. 82 and 90. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/01/2019) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
81
MEMORANDUM OPINION AND ORDER: re: 69 FIRST MOTION for Default Judgment as to Eric Monse and Glen J. Bivins filed by Intrepidus, LLC. Plaintiff's request for injunctive relief on its copyright infringement cause of actionis granted. Bivins and Monse, and all persons and entities acting in concert with them who are given notice of this order, are hereby permanently enjoined from using the works registered under copyright registration numbers TX008029811, TX0008036360, TX00080363 65, and TX0008036351 in any way. The Court hereby declares that Seductive Approach LLC is the sole rightful owner of the works registered under U.S. copyright registrations TX008029811, TX0008036360, TX0008036365, and TX0008036351, and that Defendant s' actions described in the Amended Complaint constitute the unlawful infringement of Seductive Approach's rights in those works. Plaintiff's motion for judgment in its favor on its conversion and misappropriation causes of action is g ranted and the case is referred to Magistrate Judge Pitman for an inquest as to damages in connection with those causes of action. Plaintiff's counsel is directed to contact Judge Pitman's chambers to schedule proceedings. Plaintiff's motion for judgment by default is denied, and the Amended Complaint is dismissed, in all other respects. This Opinion and Order resolves Docket Entry No. 69. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/28/2017) (ama)
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