G & G Closed Circuit Events, LLC v. Miranda et al

Filing 33

ORDER by Judge Charles R. Breyer adopting Report and Recommendation and granting Motion for Default Judgment (crblc2, COURT STAFF) (Filed on 11/19/2021) (Additional attachment(s) added on 11/19/2021: # 1 Order Adopting Report and Recommendation with Signature) (ls, COURT STAFF).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 G & G CLOSED CIRCUIT EVENTS, LLC, Plaintiff, 9 10 United States District Court Northern District of California 11 12 13 Case No. 20-cv-07684-CRB ORDER ADOPTING REPORT AND RECOMMENDATION v. ISMAEL M. MIRANDA, et al., Defendants. The Court has reviewed the Report and Recommendation by United States Magistrate 14 Judge Susan van Keulen (dkt. 29) concerning Plaintiff G & G Closed Circuit Events, LLC’s 15 motion for default judgment (dkt. 22) against Defendants Ismael M. Miranda and El Agave 16 Restaurant, Inc. Magistrate Judge van Keulen recommended granting default judgment to 17 Plaintiff. See R&R at 3-4. Magistrate Judge van Keulen recommended an award of $2,800 in 18 damages jointly and severally against Defendants: $1,400 in statutory damages under 47 U.S.C 19 § 553 and $1,400 for conversion. Id. at 5-7. Plaintiff objected, only arguing that this award, while 20 well within the court’s discretion, was insufficient for deterrence. See Objections (dkt. 32). 21 On de novo review, the Court concludes that Magistrate Judge van Keulen’s Report and 22 Recommendation is correct, thorough, and well-reasoned. See Fed. R. Civ. P. 72(b); Civ. L.R. 23 72-3. The Court therefore overrules Plaintiff’s objections, ADOPTS the Report and 24 Recommendation in full, and GRANTS Plaintiff’s motion for default judgment as to its § 553 and 25 conversion claims in the above-stated amounts. Because reasonable attorneys’ fees and costs may 26 be awarded pursuant to 47 U.S.C § 553(c)(2), counsel is ordered to file a properly supported 27 request for attorneys’ fees and costs within 14 days of this order. 28 1 IT IS SO ORDERED. 2 Dated: November 19, 2021 CHARLES R. BREYER United States District Judge 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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