Killer Joe Nevada, LLC v. Does 1-20

Filing 62

ORDER that the Recommendation of United States Magistrate Judge Hegarty ECF No. 60 is AFFIRMED and ADOPTED. In accordance therewith, it is FURTHER ORDERED that Plaintiffs Motion for Entry of Default Judgment against Defendant Cedric Radeljan ECF No . 54 is DENIED IN PART AND GRANTED IN PART; Judgment shall enter in Plaintiffs favor against Defendant Radeljan for direct copyright infringement of the Plaintiffs copyrighted Motion Picture, as set forth in Count I of the Second Amended Complaint, by Judge Wiley Y. Daniel on 4/22/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No.

13-cv-01309-WYD-MEH

KILLER JOE NEVADA, LLC, a California Limited Liability Company,
Plaintiff,
v.
CEDRIC RADELJAN,
Defendant.

ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE

THIS MATTER is before the Court on Plaintiff’s Motion for Entry of Default
Judgment against Defendant Cedric Radeljan (ECF No. 54). In his Recommendation,
Magistrate Judge Hegarty recommends that the pending motion be granted in part and
denied in part. (Recommendation at 1, 16). The Recommendation is incorporated
herein by reference. See 28 U.S.C. ' 636(b)(1)(B), Fed. R. Civ. P. 72(b).
Magistrate Judge Hegarty advised the parties that written objections were due
within fourteen (14) days after service of a copy of the Recommendation.
(Recommendation at 1). Despite this advisement, no objections were filed to the
Recommendation. No objections having been filed, I am vested with discretion to review
the Recommendation Aunder 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 to "satisfy [my]self that there is no clear error on the face of
the record."1 See Fed. R. Civ. P. 72(b) Advisory Committee Notes.
Having reviewed the Recommendation, I am satisfied that there is no clear error on
the face of the record. I find that Magistrate Judge Hegarty’s Recommendation is
thorough, well reasoned and sound. I agree with Magistrate Judge Hegarty that the
pending motion should be granted in part and denied in part for the reasons stated in both
the Recommendation and this Order.
Based on the foregoing, it is
ORDERED that the Recommendation of United States Magistrate Judge Hegarty
(ECF No. 60) is AFFIRMED and ADOPTED. In accordance therewith, it is
FURTHER ORDERED that Plaintiff’s Motion for Entry of Default Judgment against
Defendant Cedric Radeljan (ECF No. 54) is DENIED IN PART AND GRANTED IN PART
as follows:
1.

Judgment shall enter in Plaintiff’s favor against Defendant Radeljan for

direct copyright infringement of the Plaintiff’s copyrighted Motion Picture, as set forth in
Count I of the Second Amended Complaint;
2.

Defendant Radeljan shall pay to Plaintiff the sum of $4,500.00 in statutory

damages, as authorized by 17 U.S.C. § 504(c)(1), and $3,039.70 for attorney’s fees and
costs as authorized by 17 U.S.C. § 505;

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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3.

Defendant Radeljan shall remove and permanently delete all torrent files

relating to, and copies of, Plaintiff’s copyrighted Motion Picture made or used by him in
violation of Plaintiff’s exclusive rights, as well as all masters in their possession, custody
or control from which such copies may be reproduced; and
4.

Plaintiff’s request to permanently enjoin Defendant from continuing to

infringe Plaintiff’s copyrighted Motion Picture is DENIED.
Dated: April 22, 2014
BY THE COURT:

s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE

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