Barry Rosen v. Hollywood Show, LLC

I. INTRODUCTION AND BACKGROUND

The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7–15. Accordingly, the hearing date of October 7, 2019 is VACATED. On January 9, 2018, plaintiff Barry Rosen filed the instant action against defendants Hollywood Show, LLC (“Hollywood”), Myron Ross d/b/a “Heroes & Legends” (“Ross”), and Does 1 through 10 (collectively, “defendants”). Dkt. 1. Plaintiff filed the operative First Amended Complaint on April 30, 2018. Dkt. 21 (“FAC”). The FAC alleges that plaintiff is the photographer and owner of a copyrighted photograph of actress Gena Lee Nolin and that defendants unlawfully reproduced and distributed an identical or substantially similar copy of the photograph. See generally FAC. Accordingly, the FAC asserts claims against defendants for: (1) copyright infringement; and (2) vicarious and/or contributory copyright infringement. Id. Pursuant to a joint stipulation between plaintiff and Hollywood, the Court dismissed plaintiff’s claims against Hollywood on July 25, 2019. The Clerk entered default against Ross on July 18, 2018, pursuant to Federal Rule of Civil…