Virgin Records America, Inc. v. Lacey
United States District Court for the Southern District of Alabama
510 F. Supp. 2d 588 (S.D. Ala. 2007)
Several record companies (plaintiffs) sued Bertha Lacey (defendant) for copyright infringement over downloaded and distributed music, properly serving her by leaving the summons and complaint with her son; Lacey never responded or appeared. After the plaintiffs moved for default judgment without separately notifying Lacey, the court entered default judgment and mailed her a copy, which she again failed to answer, and after thirty more days passed, the plaintiffs moved for final entry of the default judgment, seeking statutory damages, fees, costs, and injunctive relief for eight infringement counts.
Whether, under the FRCP, entry of a default judgment is proper against a party who has failed to appear or defend a lawsuit for three months after valid service.