AccuRadio now alleges that, without AccuRadio’s knowledge, CT Corp.
Two months later, AccuRadio filed the present motion. The judgment entered an award of $106,000 in compensatory damages (based on a 5% royalty rate) and permanent injunctive relief against AccuRadio. The Court then entered the final default judgment against AccuRadio on Decem, which is the judgment at issue in this motion. The notice of filing, however, also did not certify service on AccuRadio. The Order directed Zamora to file an affidavit of damages, which Zamora complied with on November 24, 2009. Ten calendar days later, on November 12, 2009, the Court granted the motion and entered default judgment against AccuRadio. Regrettably, however, the certificate of service on the motion does not indicate that a copy of the motion was served on AccuRadio directly or through CT Corp. A default was entered and Zamora moved for entry of a default judgment on November 2, 2009,, which motion was docketed and served through the Court’s CM/ECF system. A timely answer or response was never filed to the Complaint. On or about April 20, 2009, Plaintiff Zamora Radio, LLC (“Zamora”) timely and properly served AccuRadio’s registered agent, Corporation Trust Company (“CT Corp.”) with the Summons and Complaint in this action. There is no dispute that its base of operations is not in the State of Florida. AccuRadio is organized under the laws of Delaware and its principal place of business is in Chicago, Illinois. BACKGROUND The Court previously entered a default judgment against AccuRadio, a multichannel Internet radio station conducting business through a website, AccuRadio alleges that it is not a membership or subscriber service rather, it is a totally advertising-based Internet radio station available to anyone with Internet access located in any state.
For the following reasons, the motion will be Granted. The Court has reviewed the parties’ arguments, the record, and taken notice of the status of this litigation overall in reaching its decision. _/ ORDER ON ACCURADIO, LLC’S MOTION TO SET ASIDE DEFAULT JUDGMENT This matter is before the Court on the motion filed by defaulted Defendant AccuRadio, LLC (“AccuRadio”) to Set Aside Default Judgment, to which Plaintiff has opposed. AOL, LLC ACCURADIO, LLC and, YAHOO! INC., Defendants. 09-20940-Civ-TORRES ZAMORA RADIO, LLC, Plaintiff, vs. 225 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.
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