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Virgin Records America, Inc. v. Lacey

United States District Court for the Southern District of Alabama
510 F. Supp. 2d 588 (S.D. Ala. 2007)


Facts

Virgin Records America, Inc., Motown Record Company, L.P., UMG Recordings, Inc., Sony BMG Music Entertainment, and BMG Music (plaintiffs) claim that Bertha Lacey (defendant) downloaded and distributed copyrighted music owned by the plaintiffs. The plaintiffs sued Lacey in the United States District Court for the Southern District of Alabama for copyright infringement on October 10, 2006. The complaint requested statutory damages, attorney’s fees and costs, and injunctive relief. The plaintiffs served process on October 26, 2006, and a copy of the summons and complaint were left at Lacey’s home with Lacey’s son. Lacey did not respond to the complaint or appear before the court. The plaintiffs moved the court to enter a default judgment, but did not send notice of the motion to Lacey. On December 13, 2006, the court entered a default judgment against Lacey. The court also mailed a copy of the Entry of Default to Lacey, but Lacey again failed to respond. After thirty days had passed, the plaintiffs moved for entry of the default judgment.

Rule of Law

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Issue

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Holding and Reasoning (Steele, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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