Tom Schmidt v. Sherri Annd Baldy

INTRODUCTION

This action involves a dispute between Counterclaim Plaintiff Sherri Baldy and Counterclaim Defendant Tom Schmidt. On April 26, 2017, Baldy filed counterclaims against Schmidt for copyright infringement, vicarious and contributory copyright infringement, recovery under the Digital Millennium Copyright Act, and violation of California Bus. & Prof. Code § 17200 et seq. Dkt. 19 (Counterclaim Compl. (Compl.)). This action was tried before the Court on March 26, 2019. Schmidt did not appear. Having heard and reviewed the evidence, the Court makes the following findings of fact and conclusions of law.

1 Any finding of fact deemed to be a conclusion of law is incorporated into the conclusions of law. Any conclusion of law deemed to be a finding of fact is incorporated into the findings of fact.

FINDINGS OF FACT

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 has supplemental jurisdiction over the state-law claims. 28 U.S.C. § 1367. Venue is proper under 28 U.S.C. § 1391. 2. Baldy has been an artist for more than 20 years, and in the crafting industry for about 10 years. …