Virgin Records America, Inc., v. Lacey

510 F. Supp. 2d 588 (S.D. Ala. 2007)

Facts

P filed a Complaint for Copyright Infringement against Lacey (D). D had utilized an online media distribution system to download or distribute copyrighted music recordings belonging to P, and/or to make such recordings available for distribution to others. P requested statutory damages, attorney's fees and costs and injunctive relief. D was served with process on October 26, 2006. According to the server's declaration, copies of the summons and complaint were left at D's dwelling house or usual place of abode (6005 Howells Ferry Road, Mobile, AL 36618) and were given to D's son, Brad Lacey. D has never filed an answer or otherwise appeared. Upon motion by P, a Clerk's Entry of Default was entered for failure to plead or otherwise defend. The Clerk of Court mailed a copy to defendant at the same address at which process was served. D failed to respond. Ps now seek entry of default judgment.