Tom Schmidt v. Sherri Annd Baldy

INTRODUCTION

This action involves a dispute between Third Party Plaintiff Sherri Baldy and Third Party Defendant Heather Valentin. On May 10, 2017, Baldy filed third party claims against Valentin for copyright infringement, vicarious and contributory copyright infringement, recovery under the Digital Millennium Copyright Act, defamation, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, and violation of California Bus. & Prof. Code § 17200 et seq. Dkt. 26 (Third Party Compl. (Compl.)). This action was tried before the Court on May 21, 2019.

1 At trial, no evidence was presented as to vicarious or contributory copyright infringement, recovery under the Digital Millennium Copyright Act, or negligent interference with prospective economic advantage. See Dkt. 149 (Baldy Closing) at 1. Having heard and reviewed the evidence and having considered the parties’ post-trial briefs, the Court makes the following findings of fact and conclusions of law.

FINDINGS OF FACT3

1. This Court has subject matter jurisdiction pursuant to the Copyright Act of 1976, 17 U.S.C. §§ 101, et seq. 28 U.S.C § 1331. The Court…