Google LLC v. Nguyen et al

Filing 36

ORDER ADOPTING 30 REPORT AND RECOMMENDATION; GRANTING 29 MOTION FOR DEFAULT JUDGMENT. Signed by Judge Edward J. Davila on 9/27/2024. (ejdlc2, COURT STAFF) (Filed on 9/27/2024)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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GOOGLE LLC,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 5:23-cv-05824-EJD
ORDER ADOPTING REPORT AND
RECOMMENDATION; GRANTING
DEFAULT JUDGMENT

NGUYEN VAN DUC, et al.,
Defendants.

Re: ECF Nos. 29, 30

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Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has reviewed the entire record in this

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action, as well as Magistrate Judge Kim’s Report and Recommendation on Default Judgment

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(“Report”), ECF No. 30.

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Plaintiff Google LLC initiated this action against Defendants Nguyen Van Duc and Pham

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Van Thien seeking in part to enjoin them from submitting fraudulent copyright takedown requests.

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ECF No. 1. After Judge Kim authorized alternative service, ECF No. 19, and Google served the

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required process upon Defendants, ECF No. 23, Defendants failed to appear or otherwise defend

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themselves from suit. Google then requested, and the Clerk entered, default. ECF Nos. 24, 25.

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Subsequently, Google moved for default judgment, ECF No. 26, which Judge Kim denied without

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prejudice. ECF No. 28. Google then filed a second motion for default judgment. ECF No. 29.

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Upon reviewing this second motion, Judge Kim issued her Report recommending that default

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judgment be granted. ECF No. 29. Following the issuance of Judge Kim’s Report, this case was

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assigned to the undersigned. ECF No. 31. The undersigned ordered Google to serve Judge Kim’s

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Report upon Defendants to give them an opportunity to reject to the Report. ECF No. 34. Google

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did so, ECF No. 35, but Defendants did not timely object.

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Case No.: 5:23-cv-05824-EJD
ORDER ADOPTING R&R; GRANTING DEFAULT J.
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Having closely reviewed the Report, the Court finds it to be correct, well-reasoned, and

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thorough. Therefore, the Court ADOPTS the Report in every respect and GRANTS default

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judgment in favor of Google.

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IT IS ORDERED that Defendants and their agents, employees, successors, and assigns,

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and all other persons acting in concert with or at the discretion of Defendants, are hereby

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permanently enjoined from the following:
1. Submitting any notifications of copyright infringement or takedown requests to

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Google based on false assertions of right of copyright ownership.

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2. Creating or attempting to create any Google accounts.

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3. Using any Google products or services to promote any of Defendants’ websites or

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products.

United States District Court
Northern District of California

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4. Using any Google products or services to harm or attempt to harm any third parties,

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including without limitation Google’s Search Ads customers.

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5. Assisting, aiding, or abetting any other person or entity in engaging or performing

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any of the activities described in subparagraphs (1) through (4) above.

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IT IS FURTHER ORDERED that the Court retains jurisdiction of this action to enforce
this Order.
IT IS FURTHER ORDERED that a separate Judgment shall issue, and Google shall

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serve this Order and the Judgment upon Defendants, in accordance with the service procedures

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approved in this case, within fourteen (14) days of this Order.

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IT IS SO ORDERED.
Dated: September 27, 2024

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EDWARD J. DAVILA
United States District Judge

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Case No.: 5:23-cv-05824-EJD
ORDER ADOPTING R&R; GRANTING DEFAULT J.
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