McGlynn v. Miami Diario LLC
1:22-cv-24261
S.D. Fla.Mar 7, 2024Background
- David McGlynn filed a copyright infringement suit against Miami Diario LLC for unauthorized use of a copyrighted photograph on its website.
- The Court previously denied McGlynn’s first and second motions for default judgment due to noncompliance with Florida service requirements; this opinion addresses his third such motion after new proof of service was provided.
- Miami Diario, a Florida LLC (now administratively dissolved), failed to appear or respond to the suit.
- Plaintiff perfected service by serving an employee of Miami Diario’s registered agent, compliant with Fla. Stat. § 48.062 (2019).
- The claim involved willful infringement, as McGlynn’s registered photograph was repeatedly used in Miami Diario’s online articles without authorization or a license agreement.
- McGlynn sought statutory damages, attorney’s fees, and costs from the defendant; injunctive relief was requested in the complaint but not in this motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction | Federal question, Copyright Act provides jurisdiction | None | Jurisdiction proper under 28 U.S.C. §§ 1331, 1338 |
| Personal jurisdiction/service | Service was effected per Florida statute and rules | None | Service was proper and Court has personal jurisdiction |
| Copyright infringement | Registrant of photo; Defendant used photo without license, willfully | None | Sufficient basis in pleadings; default deemed as admission |
| Damages/fees/costs | Seeks $12,000 statutory, reasonable attorney’s fees, costs | None | Awarded $12,000 statutory damages, $3,100 in fees, $580.75 in costs |
Key Cases Cited
- Nishimatsu Constr. Co., Ltd. v. Houston Nat’l Bank, 515 F.2d 1200 (5th Cir. 1975) (court must ensure well-pleaded allegations support default judgment)
- Buchanan v. Bowman, 820 F.2d 359 (11th Cir. 1987) (only well-pleaded factual allegations are admitted upon default)
- Hamm v. DeKalb Cty., 774 F.2d 1567 (11th Cir. 1985) (entry of default judgment is discretionary)
- Surtain v. Hamlin Terrace Found., 789 F.3d 1239 (11th Cir. 2015) (strong preference for decisions on merits rather than by default)
- Latimer v. Roaring Toyz, Inc., 601 F.3d 1224 (11th Cir. 2010) (prima facie case for copyright infringement)
- Original Appalachian Artworks, Inc. v. Toy Loft, Inc., 684 F.2d 821 (11th Cir. 1982) (discretion to award attorney's fees to prevailing party under Copyright Act)
- Norman v. Hous. Auth. of City of Montgomery, 836 F.2d 1292 (11th Cir. 1988) (compensating multiple attorneys if work is non-duplicative)
- Jean v. Nelson, 863 F.2d 759 (11th Cir. 1988) (paralegal fee recovery limited to work traditionally performed by attorneys)