UMG Recordings, Inc. et al v. Fredrickson

Filing 26

ORDER ADOPTING 23 FINDINGS and RECOMMENDATIONS; ORDER Directing the Entry of Judgment for Plaintiffs and Against Defendant, signed by Judge Oliver W. Wanger on 2/17/2009. CASE CLOSED. (Sondheim, M)

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 UMG RECORDINGS, et al., 10 Plaintiffs, 11 v. 12 LOUIS FREDRICKSON, 13 14 15 16 Plaintiffs are proceeding with a civil action in this Court. Defendant. ) ) ) ) ) ) ) ) ) ) 1:08-cv-00589-OWW-SMS ORDER RE: FINDINGS AND RECOMMENDATION RE: PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT (DOCS. 15, 23) ORDER DIRECTING THE ENTRY OF JUDGMENT FOR PLAINTIFFS AND AGAINST DEFENDANT

17 The matter was referred to the Magistrate Judge pursuant to 28 18 U.S.C. § 636(b) and Local Rules 72-302 and 72-303. Pending before 19 the Court is Plaintiffs' motion for default judgment, filed on 20 October 13, 2008, against Defendant Louis Fredrickson. 21 On December 3, 2008, the Magistrate Judge filed findings and

22 a recommendation that Plaintiffs' motion for default judgment 23 against Defendant be granted. The findings and recommendation 24 were served on Defendant on January 9, 2009, at the address at 25 which Defendant Louis Fredrickson had been served with the 26 summons and complaint. They contained notice that any objections 27 to the findings and recommendations were to be filed within 28 thirty (30) days of the date of service of the order. No party 1

1 has filed any objections. 2 In accordance with the provisions of 28 U.S.C. § 636

3 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 4 452, 454 (9th Cir. 1983), this Court has conducted a de novo 5 review of the case. Having carefully reviewed the entire file, 6 the Court finds that the report and recommendation are supported 7 by the record and proper analysis. 8 9 Accordingly, IT IS HEREBY ORDERED that: 1) The findings and recommendation filed December 3, 2008,

10 are ADOPTED IN FULL; and 11 2) The Clerk IS DIRECTED to enter judgment in favor of

12 Plaintiffs UMG RECORDINGS, INC.; WARNER BROS. RECORDS, INC.; 13 ELEKTRA ENTERTAINMENT GROUP INC.; SONY BMG MUSIC ENTERTAINMENT; 14 and ARISTA RECORDS LLC, and against Defendant LOUIS FREDRICKSON, 15 also known as Louis W. Fredrickson, Sr., and Louis J. Fedrickson, 16 Sr., for statutory damages in the amount of $6,750.00 and costs 17 in the amount of $550.00; and 18 3) The Clerk BE DIRECTED to enter judgment in favor of

19 Plaintiffs and against Defendant LOUIS FREDRICKSON, also known as 20 Louis W. Fredrickson, Sr., and Louis J. Fedrickson, Sr., 21 enjoining Defendant from directly or indirectly infringing 22 Plaintiffs' rights in the following copyrighted sound recordings: 23 "Barbie Girl," on album "Aquarium," by artist "Aqua" (SR# 24 243-903); "Into the Groove," on album "Like a Virgin," by artist 25 "Madonna" (SR# 59-442); "New Kid In Town," on album "Hotel 26 California," by artist "Eagles" (SR# N38950); "Legs," on album 27 "Eliminator," by artist "ZZ Top" (SR# 45-132); "My Friends Over 28 You," on album "Sticks and Stones," by artist "New Found Glory" 2

1 (SR# 308-874); "Kryptonite," on album "The Better Life," by 2 artist "3 Doors Down" (SR# 277-407); "I'm On Fire," on album 3 "Born In The U.S.A.," by artist "Bruce Springsteen" (SR# 55-647); 4 "Hold On," on album "The Young and the Hopeless," by artist "Good 5 Charlotte" (SR# 309-099); "I'm With You," on album "Let Go," by 6 artist "Avril Lavigne" (SR# 312-786); and any copyrighted sound 7 recording, whether now in existence or later created, which is 8 owned or controlled by Plaintiffs ("Plaintiffs' recordings"), 9 including without limitation by using the Internet or any online 10 media distribution system to reproduce (i.e., download) any of 11 Plaintiffs' recordings, to distribute (i.e., upload) any of 12 Plaintiffs' recordings, or to make any of Plaintiffs' recordings 13 available for distribution to the public, except pursuant to a 14 lawful license or with the express authority of Plaintiffs; 15 Defendant also shall destroy all copies of Plaintiffs' recordings 16 that Defendant has downloaded onto any computer hard drive or 17 server without Plaintiffs' authorization and shall destroy all 18 copies of those downloaded recordings transferred onto any 19 physical medium or device in Defendant's possession, custody, or 20 control. 21 IT IS SO ORDERED. 22 Dated: February 17, 2009 23 emm0d6 24 25 26 27 28 3 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE