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