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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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G & G CLOSED CIRCUIT EVENTS, LLC,
Plaintiff,

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United States District Court
Northern District of California

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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

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Judge Susan van Keulen (dkt. 29) concerning Plaintiff G & G Closed Circuit Events, LLC’s

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motion for default judgment (dkt. 22) against Defendants Ismael M. Miranda and El Agave

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Restaurant, Inc. Magistrate Judge van Keulen recommended granting default judgment to

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Plaintiff. See R&R at 3-4. Magistrate Judge van Keulen recommended an award of $2,800 in

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damages jointly and severally against Defendants: $1,400 in statutory damages under 47 U.S.C

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§ 553 and $1,400 for conversion. Id. at 5-7. Plaintiff objected, only arguing that this award, while

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well within the court’s discretion, was insufficient for deterrence. See Objections (dkt. 32).

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On de novo review, the Court concludes that Magistrate Judge van Keulen’s Report and

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Recommendation is correct, thorough, and well-reasoned. See Fed. R. Civ. P. 72(b); Civ. L.R.

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72-3. The Court therefore overrules Plaintiff’s objections, ADOPTS the Report and

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Recommendation in full, and GRANTS Plaintiff’s motion for default judgment as to its § 553 and

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conversion claims in the above-stated amounts. Because reasonable attorneys’ fees and costs may

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be awarded pursuant to 47 U.S.C § 553(c)(2), counsel is ordered to file a properly supported

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request for attorneys’ fees and costs within 14 days of this order.

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IT IS SO ORDERED.

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Dated: November 19, 2021

CHARLES R. BREYER
United States District Judge

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United States District Court
Northern District of California

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