Automattic Inc. et al v. Steiner

Filing 37

ORDER by Judge Hamilton granting 22 Motion for Default Judgment; adopting 31 Report and Recommendations as to Motion for Default Judgment. (pjhlc1, COURT STAFF) (Filed on 3/2/2015)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 AUTOMATTIC INC., et al., 10 Plaintiffs, No. C 13-5413 PJH 11 v. 12 NICK STEINER, 13 14 15 Defendant. ___________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; ORDER GRANTING MOTION FOR DEFAULT JUDGMENT The court has reviewed Magistrate Judge Joseph C. Spero's report and 16 recommendation regarding plaintiffs' motion for default judgment. The report and 17 recommendation was filed on October 6, 2014. During the intervening time, plaintiffs 18 Automattic, Inc. ("Automattic") and Oliver Hotham ("Hotham") have been attempting to 19 serve defendant Nick Steiner (who resides in the United Kingdom) with a copy of the report 20 and recommendation, but have to date been unsuccessful. 21 Although defendant was not served with the report and recommendation, and thus 22 did not file any objections, the court is satisfied by Judge Spero's detailed findings that the 23 summons and complaint were properly served on defendant. There is no clear requirement 24 in 28 U.S.C. ยง 636(b) that a report and recommendation be served on the opposing party. 25 However, the court normally requests that the moving party do so, out of an abundance of 26 caution. In this case, given that defendant was properly served (notwithstanding the 27 difficulty of service in the U.K. under the Hague Convention) yet chose to default, the court 28 will require no further expenditure of resources. 1 The court finds the report correct, well-reasoned and thorough, and adopts it in 2 every respect. Accordingly, plaintiffs' motion for default judgment is GRANTED. Judgment 3 shall be entered for the plaintiffs, and the court awards plaintiffs damages in the amount of 4 $960.00 for Hotham's work and time, $1,860.00 for time spent by Automattic's employees, 5 and $22,264.00 for Automattic's attorney's fees, for a total of $25,084.00. 6 7 IT IS SO ORDERED. 8 Dated: March 2, 2015 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________________ PHYLLIS J. HAMILTON United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?