Broadcast Music, Inc. et al v. Del Rancho, LLC et al
| Broadcast Music, Inc., Songs of Universal, Inc., Benny Bird Company, Inc., Conducive Music, Spirit One Music, Embassy Music Corporation, EMI Consortium Songs, Inc. doing business as EMI Longitude Music, Bocephus Music, Inc., Velvet Apple Music, House of Bryant Publications, LLC, Contessa Publishing, LLC doing business as Rosasharn Music, E.O. Smith Music, Hip City Music Inc. and Hifrost Publishing |
| Del Rancho, LLC doing business as El Cowboy Tex Mex Grill & Saloon, Mary Ann Gross, Luis Zambrano and Luis Flores |
| 4:2022cv00940 |
| June 3, 2022 |
| U.S. District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 15 Default Judgment Judgment is hereby rendered in favor of Plaintiffs Broadcast Music, Inc.; Songs of Universal Inc.; Benny Bird Company, Inc.; Conducive Music; Spirit One Music, a division of Spirit Music Group, Inc.; Embassy Music Corporation; EMI Consortium Songs Inc. d/b/a EMI Longitude Music; Bocephus Music, Inc.; Velvet Apple Music; House of Bryant Publications, LLC; Contessa Publishing LLC d/b/a Rosasharn Music; E.O. Smith Music; Hip City Music Inc.; and, Hifrost Publishing against Defendants Del Rancho, LLC d/b/a El Cowboy Tex Mex Grill & Saloon, Mary Ann Gross, Luis Zambrano, and Luis Flores, jointly and severally, in the amount of $36,302 which represents: (1) $33,000 in statutory damages ($3,300 for infringement of each of the 10 musical compositions); plus (2) $402 for the costs of the action; plus (3) $2,900 in attorney's fees, and post-judgment interest at the federal statutory interest rate pursuant to 28 U.S.C. 1961. It is further ordered that Defendants Del Rancho, LLC d/b/a El Cowboy Tex Mex Grill & Saloon, Mary Ann Gross, Luis Zambrano, Luis Flores, and their agents, servants, employees and all persons acting under their permission or authority, shall be and are hereby permanently enjoined and restrained from infringing, in any manner, the copyrighted musical compositions licensed by Plaintiff Broadcast Music, Inc. The Court retains jurisdiction over the case at bar for the purpose of enforcing the Default Judgment and Permanent Injunction. This Default Judgment constitutes entry of judgment pursuant to Fed. R. Civ. P. 58. Judge Benita Y. Pearson on 7/29/2022. (JLG) |
Filing 14
Order For good cause shown, Plaintiffs' Motion for Default Judgment (ECF No. #12 ) is granted. Plaintiffs are entitled to the costs of the action, together with reasonable attorney's fees pursuant to 17 U.S.C. 505. The Court finds that the requested attorneys fees incurred through 7/22/2022 in the amount of $2,900 are reasonable. Judgment will be entered in favor of Plaintiffs Broadcast Music, Inc.; Songs of Universal Inc.; Benny Bird Company, Inc.; Conducive Music; Spirit One Music, a division of Spirit Music Group, Inc.; Embassy Music Corporation; EMI Consortium Songs Inc. d/b/a EMI Longitude Music; Bocephus Music, Inc.; Velvet Apple Music; House of Bryant Publications, LLC; Contessa Publishing LLC d/b/a Rosasharn Music; E.O. Smith Music; Hip City Music Inc.; and, Hifrost Publishing against Defendants Del Rancho, LLC d/b/a El Cowboy Tex Mex Grill & Saloon, Mary Ann Gross, Luis Zambrano, and Luis Flores, jointly and severally, in the amount of $36,302. Judge Benita Y. Pearson on 7/29/2022. (JLG)
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| Filing 13 Supplement to Motion for default judgment against all Defendants - Corrected Motion for Default Judgment (with signatures), filed by All Plaintiffs. Related document(s) #12 . (Chudakoff, Robert) |
| Filing 12 Motion for default judgment against all Defendants filed by Benny Bird Company, Inc., Bocephus Music, Inc., Broadcast Music, Inc., Conducive Music, Contessa Publishing, LLC, E.O. Smith Music, EMI Consortium Songs, Inc., Embassy Music Corporation, Hifrost Publishing, Hip City Music Inc., House of Bryant Publications, LLC, Songs of Universal, Inc., Spirit One Music, Velvet Apple Music. Related document(s) #1 , #11 . (Motion was unsigned at time of filing. See ECF #13 Motion for Default Judgment filed as a supplement) (Attachments: #1 Brief in Support, #2 Exhibit 1 - Declaration of Anthony Adewumi, #3 Exhibit 2 - Declaration of Brian Mullaney, #4 Exhibit 3 - Declaration of Robert E. Chudakoff, #5 Proposed Order)(Chudakoff, Robert) Modified to reflect document unsigned, and related document #13 on 7/22/2022 (D,Ju). |
| Filing 11 Default Entered on 7/18/2022 against Defendants Del Rancho, LLC d/b/a/ El Cowboy Tex Mex Grill & Saloon, Mary Ann Gross, Luis Zambrano, and Luis Flores on the Complaint (ECF No. #1 ). Sandy Opacich, Clerk by Judy L. Guyer, Deputy Clerk. Related document(s) #10 . (JLG) |
| Copy of #11 Default Entered mailed to Defendants Del Rancho, LLC d/b/a/ El Cowboy Tex Mex Grill & Saloon, c/o Mary Ann Gross, Statutory Agent,1739 S. Raccoon Rd. #4, Austintown, OH 44515; Mary Ann Gross, 1739 S. Raccoon Rd. #4, Austintown, OH 44515; Luis Zambrano, 1739 S. Raccoon Rd. #4, Austintown, OH 44515; and, Luis Flores, 1739 S. Raccoon Rd. #4, Austintown, OH 44515 on 7/18/2022. Related document(s) #11 . (JLG) |
| Filing 10 Application to Clerk for entry of default against Del Rancho, LLC, Mary Ann Gross, Luis Zambrano and Luis Flores filed by All Plaintiffs. (Attachments: #1 1 - Declaration of Robert E. Chudakoff, #2 2 - Dkts. 5-8 - Returns of Service Executed Upon Defendants)(Chudakoff, Robert) Modified text on 7/12/2022 (D,Ju). |
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Filing 9
Order: Defendants Del Rancho, LLC d/b/a El Cowboy Tex Mex Grill & Saloon, Mary Ann Gross, Luis Zambrano, and Luis Flores were duly served with summons and the Complaint (see ECF Nos. #5 - #8 ); but, Defendants have failed to plead or otherwise defend. Accordingly, on or before 7/22/2022, counsel for Plaintiffs should file with the Clerk of Court an appropriate application for entry of default pursuant to Fed. R. Civ. P. 55(a) and an appropriate motion, affidavit, and proposed order for default judgment pursuant to Fed. R. Civ. P. 55(b) or show cause why the above-entitled case should not be dismissed for want of prosecution. Judge Benita Y. Pearson on 7/8/2022. (G,M)
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| Filing 8 Return of Service by Clerk by certified mail executed upon Luis Flores on 6/9/2022, filed on behalf of All Plaintiffs. Related document(s) #4 . (M,KS) |
| Filing 7 Return of Service by Clerk by certified mail executed upon Mary Ann Gross on 6/9/2022, filed on behalf of All Plaintiffs. Related document(s) #4 . (M,KS) |
| Filing 6 Return of Service by Clerk by certified mail executed upon Del Rancho, LLC on 6/9/2022, filed on behalf of All Plaintiffs. Related document(s) #4 . (M,KS) |
| Filing 5 Return of Service by Clerk by certified mail executed upon Luis Zambrano on 6/9/2022, filed on behalf of All Plaintiffs. Related document(s) #4 . (M,KS) |
| Service by Clerk. Summons, Complaint and Magistrate Consent Form addressed to Luis Zambrano placed in U.S. Mail. Type of service: certified mail. Receipt # 7021 2720 0001 6081 7817. (H,Ch) |
| Service by Clerk. Summons, Complaint and Magistrate Consent Form addressed to Mary Ann Gross placed in U.S. Mail. Type of service: certified mail. Receipt # 7021 2720 0001 6081 7824. (H,Ch) |
| Service by Clerk. Summons and Complaint addressed to Del Rancho, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7021 2720 0001 6081 7800. (H,Ch) |
| Service by Clerk. Summons and Complaint addressed to Luis Flores placed in U.S. Mail. Type of service: certified mail. Receipt # 7021 2720 0001 6081 7831. (H,Ch) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Del Rancho, LLC., Luis Flores, Mary Ann Gross, and Luis Zambrano. (Attachments: #1 Magistrate Consent Form) (G,M) |
| Filing 3 Corporate Disclosure Statement identifying Tegna, Inc. and Gray Television, Inc. as corporate parents for Plaintiff Broadcast Music, Inc.; identifying EMI Group Global Ltd. as corporate parents for EMI Consortium Songs, Inc.; identifying Vivendi SA, Tencent Holdings Ltd., ad Pershing Square Holdings as corporate parents for Songs of Universal, Inc.; identifying Spirit Music Group, Inc. as corporate parent for Spirit One Music filed by All Plaintiffs. (Chudakoff, Robert) Modified on 6/10/2022 to identify corporate parents (D,Ju). |
| Filing 2 Report on the Filing of an Action Regarding a Copyright (AO121) filed by All Plaintiffs. (Chudakoff, Robert) |
| Filing 1 Complaint against Del Rancho, LLC, Luis Flores, Mary Ann Gross, Luis Zambrano. Filing fee paid $ 402, Receipt number AOHNDC-11454069. Plaintiff has indicated that case may be a refiling of terminated case 4:20-cv-00323. Filed by E.O. Smith Music, Velvet Apple Music, Hip City Music Inc., Broadcast Music, Inc., House of Bryant Publications, LLC, Bocephus Music, Inc., EMI Consortium Songs, Inc., Hifrost Publishing, Conducive Music, Embassy Music Corporation, Benny Bird Company, Inc., Songs of Universal, Inc., Contessa Publishing, LLC, Spirit One Music. (Attachments: #1 Exhibit 1 - Song Schedule, #2 Civil Cover Sheet, #3 Summons to Del Rancho, LLC, #4 Summons to Mary Ann Gross, #5 Summons to Luis Zambrano, #6 Summons to Luis Flores) (Chudakoff, Robert) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (G,M) |
| Judge Benita Y. Pearson assigned to case. (G,M) |
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