United States District Court, D. Hawaii
ME2 PRODUCTIONS, INC.; VENICE PI, LLC; LHF PRODUCTIONS, INC., Plaintiffs
TRAVIS PAGADUAN, Defendant,
ORDER TO SHOW CAUSE WHY LHF PRODUCTIONS, INC.'S
CLAIMS ARE NOT BARRED BY ISSUE AND/OR CLAIM
Oki Mollway United States District Judge
the second copyright infringement action that one Plaintiff,
LHF Productions, Inc., has filed against Defendant Travis
Pagaduan for what appears to be the same allegedly infringing
conduct with respect to “London Has Fallen.” In
the earlier case, judgment was entered in LHF
Productions' favor. LHF Productions is ordered to show
cause why its claims against Pagaduan in this action are not
barred by issue and/or claim preclusion.
Productions appears to have filed two actions against
Pagaduan for alleged copyright violations involving the same
movie (“London Has Fallen”), the same time
period, and the same conduct.
February 23, 2017, LHF Productions sued Pagaduan for
violation of its copyright in the movie “London Has
Fallen.” See Second Amended Complaint ¶
8, LHF Productions, Inc. v. Pagaduan, Civ. No.
16-00437 JMS/RLP, ECF No. 20, PageID # 105
Pagaduan I, LHF Productions asserted claims of
copyright infringement (First Claim for Relief) and
contributory copyright infringement (Second Claim for Relief)
based on Pagaduan's alleged use of BitTorrent to offer
“London Has Fallen” online. See Id.
Pagaduan's conduct allegedly occurred from June 9 to June
27, 2016. See Civ. No. 16-00437 JMS/RLP, ECF No.
was served with a copy of the Second Amended Complaint in
Pagaduan I on April 15, 2017. See Civ. No.
16-00437 JMS/RLP, ECF No. 26. Default was entered on May 22,
2017. See Civ. No. 16-00437 JMS/RLP, ECF No. 29.
5, 2017, LHF Productions moved for default judgment in
Pagaduan I. See Civ. No. 16-00437 JMS/RLP,
ECF No. 31. On August 21, 2017, Magistrate Judge Richard L.
Puglisi issued his Findings and Recommendation to Grant in
Part and Deny in Part Plaintiff LHF Productions, Inc.'s
Motion for Entry of Default Judgment (“F&R”).
See Civ. No. 16-00437 JMS/RLP, ECF No. 33. The
F&R recommended that default judgment be entered in LHF
Productions' favor for $750 in statutory damages and that
the court deny LHF Productions' request for injunctive
September 11, 2017, Chief District Judge J. Michael Seabright
adopted the F&R. See Civ. No. 16-00437 JMS/RLP,
ECF No. 34. Judgment was entered in favor of LHF Productions
the following day. See Civ. No. 16-00437 JMS/RLP,
ECF No. 35. No. appeal was taken.
September 1, 2017, LHF Productions, acting as one of several
Plaintiffs, again sued Pagaduan in the present case with
respect to alleged violations of its copyright rights in the
movie “London Has Fallen.” See First
Amended Complaint ¶ 16, LHF Productions, Inc. v.
Pagaduan, Civ. No. 17-00130 SOM/KJM, ECF No. 16, PageID
#s 67-68 (“Pagaduan II”). The First
Amended Complaint in Pagaduan II notes that Pagaduan
was sued in Pagaduan I for alleged copyright
violations with respect to “London Has Fallen” on
June 11, 2016. Id. ¶ 35, PageID #s 71-72. The
First Amended Complaint then alleges that Pagaduan also
infringed LHF Productions' copyright in “London Has
Fallen” two days later, on June 13, 2016, again through
BitTorrent. Id. ¶ 36, PageID # 72.
Magistrate Judge Puglisi's F&R of August 21, 2017,
recommending that the court enter default judgment in
Pagaduan I in favor of LHF Productions and against
Pagaduan in the amount of $750 in statutory damages covering
Pagaduan's alleged violation of LHF Productions'
copyright rights through his use of BitTorrent in June 2016
with respect to “London Has Fallen, ” LHF
Productions asserted what appear to be the same copyright
claims against Pagaduan in Pagaduan II. In the First
Amended Complaint in Pagaduan II (filed just days
after the F&R in Pagaduan I), LHF Productions
again asserts that Pagaduan used ...