Malibu Media, LLC v. John Doe subscriber assigned IP address 67.176.74.205

Filing 29

ORDER that Magistrate Judge Hegartys Recommendation ECF No. 25 is AFFIRMED and ADOPTED. Accordingly, it is FURTHER ORDERED that Malibu Medias Motion For Entry Of Default Judgment Against Defendant Kasra Keighobady ECF No. 23 is GRANTED IN PART and DENIED IN PART, by Judge Wiley Y. Daniel on 12/18/2013.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 13-cv-00740-WYD-MEH
MALIBU MEDIA, LLC,
Plaintiff,
v.
KASRA KEIGHOBADY,
Defendant.
______________________________________________________________________
ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
______________________________________________________________________
THIS MATTER is before the Court on Magistrate Judge Hegarty’s
Recommendation [ECF No. 25] regarding plaintiff, Malibu Media, LLC’s, Motion For
Entry Of Default Judgment Against Defendant Kasra Keighobady [ECF No. 23]. On
August 15, 2013, I referred Malibu Media’s motion [ECF No. 23] to Magistrate Judge
Hegarty. ECF No. 24. On September 16, 2013, Magistrate Judge Hegarty issued a
Recommendation [ECF No. 25] stating that Malibu Media’s motion [ECF No. 23] should
be granted in part and denied in part and that judgment should be entered in favor of
Malibu Media against defendant, Kasra Keighobady. Magistrate Judge Hegarty’s
Recommendation [ECF No. 25] is incorporated herein by reference. See 28 U.S.C. §
636(b)(1), Rule 72(b) of the FEDERAL RULES of CIVIL PROCEDURE, D.C.COLO.LCivR.
72.1.
Magistrate Judge Hegarty advised the parties that they had 14 days after service
of a copy of his Recommendation [ECF No. 25] to file objections to the
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Recommendation [ECF No. 25]. ECF No. 25, p. 1, n.1. As of Wednesday, December
18, 2013, no party has filed objections. Because the parties did not file objections, I am
vested with discretion to review the Recommendation [ECF No. 25] “under any standard
[I] deem[] appropriate.” Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see
also Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that “[i]t does not appear that
Congress intended to require district court review of a magistrate’s factual or legal
conclusions, under a de novo or any other standard, when neither party objects to those
findings”). Nonetheless, though not required to do so, I review the Recommendation
[ECF No. 25] to “satisfy [my]self that there is no clear error on the face of the record.”1
Advisory Committee Notes to FED. R. CIV. P. 72(b).
Having reviewed the Recommendation [ECF No. 25], I am satisfied that there is
no clear error on the face of the record. I find that Magistrate Judge Hegarty’s
Recommendation [ECF No. 25] is thorough, well-reasoned, and sound. Further, I agree
that Malibu Media’s motion [ECF No. 23] should be granted in part and denied in part
and that judgment should be entered in favor of Malibu Media against Keighobady.
CONCLUSION
After careful consideration of the matter before this Court, it is
ORDERED that Magistrate Judge Hegarty’s Recommendation [ECF No. 25] is
AFFIRMED and ADOPTED. Accordingly, it is
FURTHER ORDERED that Malibu Media’s Motion For Entry Of Default
Judgment Against Defendant Kasra Keighobady [ECF No. 23] is GRANTED IN PART

1

Note, this standard of review is something less than a “clearly erroneous or contrary to law” standard of
review, FED. R. CIV. P. 72(a), which in turn is less than a de novo review, FED. R. CIV. P. 72(b).

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and DENIED IN PART.
The motion is GRANTED to the extent that Malibu Media seeks judgment in its
favor against Keighobady for direct copyright infringement as set forth in Count 1 of the
Amended Complaint [ECF No. 15]. As such, Keighobady shall pay Malibu Media
$15,750.00 in statutory damages, as authorized by 17 U.S.C. § 504(c)(1), and
$2,995.00 in attorney fees and costs as authorized by 17 U.S.C. § 505. Further,
Keighobady shall permanently destroy all digital media files relating to, and
copies of, Malibu Media’s copyrighted works made or used by him in violation of
Malibu Media’s exclusive rights, as well as all masters in his possession,
custody, or control from which such copies may be reproduced.
The motion is DENIED to the extent Malibu Media requests this Court to
permanently enjoin Keighobady from continuing to infringe Malibu Media’s copyrighted
works. It is
FURTHER ORDERED that Keighobady shall pay all monies owed to Malibu
Media, as stated in this Order, on or before Monday, February 17, 2014. Malibu
Media shall file a Status Report on or before Friday, February 21, 2014, apprising
the Court whether Keighobady has complied with the terms of this Order.
Dated: December 18, 2013.
BY THE COURT:
/s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior U. S. District Judge

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