Stry v. McCrea — Entry #67

Case 2:19-cv-00104-WCB Document 67 Filed 05/01/20 Page 1 of 3 PageID #: 1500


                       IN THE UNITED STATES DISTRICT COURT
                        FOR THE EASTERN DISTRICT OF TEXAS
                                MARSHALL DIVISION


JOHN VAN STRY,                                  §
                                                §
        Plaintiff,                              §
                                                §
        v.                                      §          Case No. 2:19-CV-00104-WCB
                                                §
TRAVIS ROBERT McCREA,                           §
                                                §
        Defendant.                              §


             AMENDED FINAL JUDGMENT AND PERMANENT INJUNCTION

       This action came on for summary judgment before the Court. A decision having been duly

rendered in the Court’s orders on April 9, 2020 and April 20, 2020,

       It is ORDERED and ADJUDGED

       (1)     that pursuant to Federal Rule of Civil Procedure Rule 37(b)(2)(c) the Court’s April

9, 2020, order, Defendant Travis Robert McCrea shall pay Plaintiff John Van Stry $3,605 as a

sanction for Mr. McCrea’s failure to comply with his discovery obligations;

       (2)     that pursuant to the Court’s April 9, 2020, order, Mr. McCrea has been found to

have willfully infringed the following of Mr. Van Stry’s copyrighted works: Portals of Infinity:

Book One: Champion for Hire; Perfect Strangers; Portals of Infinity: Kaiju; Portals of Infinity:

Book Two: The God Game; Portals of Infinity: Book Three: Of Temples and Trials; Portals of

Infinity: Book Four: The Sea of Grass; Portals of Infinity: Book Five: Demigods and Deities;

Portals of Infinity: Reprisal; When It Falls; Stand On It; Black Friday; and Over Our Heads;

       (3)     that pursuant to 17 U.S.C. § 504(c) and the Court’s April 20, 2020, order, Plaintiff

is awarded statutory damages from the Defendant in the amount of $9,000;


Case 2:19-cv-00104-WCB Document 67 Filed 05/01/20 Page 2 of 3 PageID #: 1501


       (4)     that pursuant to 17 U.S.C. § 502 and the Court’s April 20, 2020 order, Defendant

is hereby permanently and immediately enjoined from: Copying, reproducing, or distributing,

either directly or vicariously, plaintiff’s copyrighted works, whether now in existence or hereafter

created, without the authorization of the copyright owner, including:

               Portals of Infinity: Book One: Champion for Hire

               Perfect Strangers

               Portals of Infinity: Kaiju

               Portals of Infinity: Book Two: The God Game

               Portals of Infinity: Book Three: Of Temples and Trials

               Portals of Infinity: Book Four: The Sea of Grass

               Portals of Infinity: Book Five: Demigods and Deities

               Portals of Infinity: Reprisal

               When It Falls

               Stand On It

               Black Friday

               Over Our Heads

       Costs, including attorney’s fees, are awarded to the Plaintiff and against the Defendant in

accordance with 17 U.S.C. § 505 and the Court’s April 20, 2020, order. Mr. Van Stry submitted

an affidavit setting forth the amount of his requested costs and attorney’s fees. Mr. Van Stry did

not include in the affidavit the expenses that have been separately assessed against Mr. McCrea as

a result of the Court’s sanctions. Mr. McCrea has not objected to the requested amounts. The

Court is satisfied that the request for fees and costs is reasonable and in accordance with law. In

addition to the statutory damages, therefore, the Court enters an award of costs in favor of the


                                               -2-


Case 2:19-cv-00104-WCB Document 67 Filed 05/01/20 Page 3 of 3 PageID #: 1502


plaintiff and against the defendant in the amount of $1,476.86. The Court also enters an award of

attorney’s fees in favor of the plaintiff and against the defendant in the amount of $60,795.

       This Court will retain jurisdiction over the parties and the subject matter of this litigation

for the purpose of interpretation, enforcement, or modification of this Amended Final Judgment

and Permanent Injunction.

       IT IS SO ORDERED.

       SIGNED this 1st day of May, 2020.


                                              _____________________________
                                              WILLIAM C. BRYSON
                                              UNITED STATES CIRCUIT JUDGE


                                               -3-