VIRAL DRM, LLC
v.
HARDEE BROADCASTING LLC
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The court adopted the magistrate judge's report and recommendation, granting in part and denying in part the plaintiff's motion for default judgment.
Plaintiff moved for entry of final default judgment. The magistrate judge recommended granting the motion in part and denying it in part. No objection…
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This matter is before the Court on consideration of the report and recommendation of Lindsay S. Griffin, United States Magistrate Judge, entered on December 12, 2024. (Doc. 32). Judge Griffin recommends that "Plaintiff's Motion for Entry of Final Default Judgment” (Doc. 29) be granted in part and denied in part. No party has objected, and the time to object has expired.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must "make a de novo determination of those portions of the [report and recommendation] to which an objection is made." 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Griffin's wellreasoned report and recommendation, the Court adopts the report and recommendation. Consequently, Plaintiffs motion for final default judgment is granted in part and denied in part.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) The report and recommendation (Doc. 32) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) "Plaintiff's Motion for Entry of Final Default Judgment” (Doc. 29) is GRANTED in part and DENIED in part as set forth in the report and recommendation.
(3) Viral DRM, LLC is awarded statutory damages in the amount of $30,000.00, plus $4,517.00 in reasonable attorney's fees and costs. The Clerk is directed to enter a default judgment in the amount of $34,517.00 in favor of the Plaintiff, Viral DRM. LLC and against Defendant, Hardee Broadcasting, LLC, terminate any pending motions, and close the case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 30th day of December, 2024.
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)