United States District Court, D. Hawaii
ME2 Productions, Inc. Plaintiff,
Kammy Lau et al., Defendants.
FINDINGS AND RECOMMENDATION TO PARTIALLY GRANT
PLAINTIFF'S THIRD MOTION FOR DEFAULT JUDGMENT AGAINST
DEFENDANT KAMMY LAU
S.C. Chang United States Magistrate Judge.
ME2 PRODUCTIONS, INC's (hereafter:
“Plaintiff”), Third Motion for Default Judgment
Against Defendant KAMMY LAU (“Defendant”), filed
herein on December 7, 2017, [Doc. #56], having come on for
hearing before the Court, the Honorable Kevin S.C. Chang,
Magistrate Judge presiding, with Kerry S. Culpepper appearing
for Plaintiff and there being no appearance and no written
submission by or on behalf of the Defendant, the Court, after
full consideration of Plaintiff's motion and the entire
record herein, RECOMMENDS that the motion be GRANTED in part.
an action for permanent injunctive relief and damages against
Defendant for copyright infringement in violation of the
United States Copyright Act, 17 U.S.C. 101 §§
Court has subject matter jurisdiction over this action
pursuant to 17 U.S.C. §§ 101, et. seq., 28 U.S.C.
§ 1331, and 28 U.S.C. § 1338. Venue is proper in
this District pursuant to 28 U.S.C. § 1391(b) and (c)
and 28 U.S.C. § 1400(a).
is a Nevada corporation that owns the copyright for the
motion picture Mechanic: Resurrection (hereafter:
the “Work”) under registration number PA
1-998-057. [Doc. # 47, ¶¶ 6, 8 and 23, Doc. #
commenced this action by filing its Complaint on April 5,
2017 against 20 Doe individuals [Doc. # 1] after discovering
that Defendant had illegally downloaded the Work using the
BitTorrent protocol. [Id. ¶ ¶ 11-39].
is an interactive “peer-to-peer”
(“P2P”) file transfer technology protocol whereby
users can: (a) make media files (including entire movies)
stored on each user's computer available for copying by
other users or peers; (b) search for files that are stored on
other users' computers; and (c) transfer exact copies of
those files from one computer to another via the Internet.
[Id. ¶ ¶ 27-39].
Plaintiff ascertained the true identities of the individuals
who illegally downloaded and distributed the Work by
subpoenaing Hawaiian Telcom, the Internet Service Provider of
Defendant. [Doc. # 11].
Complaint was then amended to specifically identify the
Defendant. [Doc. # 30]. Plaintiff effected service on
Defendant with a summons on September 3, 2017, making her
answer due on September 24, 2017. See Fed.R.Civ.P.
12(a)(1)(A). [Doc. #32].
is the individual at IP address 126.96.36.199 who infringed
the Plaintiff's copyrighted Work and seeded and
distributed the work on 2016-11-23 00:42:01 (UTC).
the BitTorrent client application “Popcorn Time”,
Defendant illegally republished and distributed copies of the
Plaintiff's copyrighted work through the use of the
unique hash number to an unknown number of other individuals
over the Internet. This contention is undisputed.
Defendant failed to appear, plead, or otherwise defend,
Plaintiff filed a Rule 55(a) request for the entry of default
on October 3, 2017 [Doc. # 37], which was promptly granted by
the Court. [Docs. # 38, 39].
October 30, 2017, this Court granted Plaintiff's motion
for leave to file a Second Amended Complaint to merely
correct the spelling of Defendant's name. [Doc. #46].
filed the Second Amended Complaint on October 30, 2017. [Doc.
#47]. A copy of the second amended complaint was sent to
Defendant's last known address on November 9, 2017 [Doc.
#48] making her answer due on November 23, 2017. See
Fed.R.Civ.P. 15(a)(3). [Doc. #53].
Defendant once again failed to appear, plead, or otherwise
defend, Plaintiff filed a Rule 55(a) request for the entry of
default on December 5, 2017 [Id.], which was
promptly granted by the Court. [Doc. #54].
Complaint alleges claims for copyright infringements, in
violation of the United States Copyright Act, 17 U.S.C.
§ 101 et. seq., for ...