Lisa Corson v. Rami Atherton

I. INTRODUCTION AND BACKGROUND

On February 16, 2018, plaintiff Lisa Corson (“Corson”) filed this action against defendants Rami Atherton (“Atherton”), individually and doing business as “Luxury Real Estate Preview,” and against Does through (collectively, “defendants”). Dkt. 1 (“Compl.”). Corson alleges that defendants’ infringed Corson’s copyright by using Corson’s photograph (“the Subject Photograph”) for commercial purposes on defendants’ website, in violation of 17 U.S.C. § 101. See generally id. On April 19, 2019, Corson requested that the Clerk of Court enter default against Atherton. Dkt. 13. The Clerk then entered default on April 22, 2019. Dkt. 14. Corson subsequently filed a motion for default judgment against Atherton on February 21, 2020. Dkts. 15, 16 (“Mot.”). The Court held a hearing on May 11, 2020. Having carefully considered Corson’s arguments, the Court finds and concludes as follows.

II. LEGAL STANDARD

Pursuant to Federal Rule of Civil Procedure 55, when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and the plaintiff does not seek a sum…