Malibu Media v. Tashiro, et al. : $21,000 Damages, $199,000 In Costs And Fees

The long running case of Malibu Media v. Tashiro is one step closer to being closed today with Malibu Media being awarded $199,040.53 in costs and fees. Previously Malibu Media was awarded $21,000 in damages.

The case involves the BitTorrent download of 28 Malibu Media films. After long denying any involvement, the Tashio’s were revealed to have committed perjury and spoliation, the destruction of evidence. As per the Findings and Recommendations:

Here, the Court finds by clear and convincing evidence that Defendants have engaged in a similar pattern of misconduct. Defendants spoiled evidence, committed perjury, and failed to discharge their duties to conduct discovery reasonably and in good faith. They lied to the opposing party; they withheld the existence of material evidence; and they deleted potentially damaging computer files the very night before they were to relinquish such files for discovery. Just as in the cases cited above, this extensive pattern of conduct warrants the harshest of sanctions, and the Magistrate Judge accordingly recommends that the Court enter default judgment against both Defendants.

May, 18, 2015 Findings and Recommendations.

The Court then entered a default judgment in favor of Malibu Media in the amount of $21,000 on November 24, 2015.

After significant further briefing and opposition by the Tashiro’s, on August 2, 2016, the Court went on to award Malibu Media and additional $199,040.53 in costs and fees.

The relevant documents:

13-cv-00205 Malibu Media v. Tashiro Sanctions Order

13-cv-00205 Malibu Media v. Tashiro $21,000 Judgment

13-cv-00205 Malibu Media v. Tashiro $199,040.53 Fee Award


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