JOE HAND PROMOTIONS, INC.
v.
MORTIMER
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The court adopted the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion for default judgment in part.
Plaintiff sued Defendant for violations of the Communications Act and copyright infringement. Defendant failed to appear, leading to a default. Plaint…
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Plaintiff Joe Hand Promotions, Inc. sued Defendant Gilson Mortimer for purported violations of the Communications Act of 1934, including satellite and cable piracy under 47 U.S.C. §§ 553 and 605, and copyright infringement under 17 U.S.C. §§ 106 and 501.1 (See Doc. 10 (“Complaint”).) As relief, Plaintiff seeks statutory damages and attorney’s fees and costs. (See id. ¶¶ 21, 25.) Defendant failed to appear, so Plaintiff successfully obtained entry of default against it. (Docs. 28, 29.) Now Plaintiff requests default judgment against Defendant, seeking damages solely under the Communications Act. (Doc. 35 (“Motion”).) On referral, U.S. Magistrate Judge Embry J. Kidd recommends the Court grant the Motion in part. (Doc. 36 (“R&R”).) Magistrate Judge Kidd found Plaintiff alleged Defendant willfully violated 47 U.S.C. § 605 but did not establish entitlement to the total damages,
fees, and $525 in costs. (Id. at 6–9.) The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation (Doc. 36) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff’s Motion for Default Judgment (Doc. 35) is GRANTED IN PART AND DENIED IN PART:
a. The Motion is GRANTED to the extent the Clerk is DIRECTED to enter default judgment for Plaintiff Joe Hand Promotions, Inc. and against Defendant Gilson Mortimer. b. Plaintiff is AWARDED statutory damages under 47 U.S.C. § 605(e)(3)(C)(i)(II) in the amount of $3,700; enhanced statutory
damages under 47 U.S.C. § 605(e)(3)(C)(ii) in the amount of $11,100; and attorney’s fees and costs under 47 U.S.C. § 605(e)(3)(B)(iii) in the amount of $2,025. c. In all other respects, the Motion is DENIED.
3. The Clerk is DIRECTED to close the file.
DONE AND ORDERED in Chambers in Orlando, Florida, on May 11, 2020.
ey ai —~ all ROY B. DALTON JR! United States District Judge
Copies to: Counsel of Record