Rolex Watch U.S.A., Inc. v. Lynch et al

Filing 20

OPINION AND ORDER granting 13 Motion for Default Judgment and Motion for Permanent Injunction; adopting as supplemented 17 Report and Recommendations. A default judgment shall issue against James Michael Lynch as to Count I; Count II is dismis sed without prejudice; and the remaining parties are dismissed without prejudice. The Clerk shall enter judgment as stated in the Opinion and Order and pursuant to the Permanent Injunction to be issued, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 6/12/2013. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROLEX WATCH U.S.A., INC.,
Plaintiff,
vs.

Case No.

2:12-cv-542-FtM-38UAM

JAMES
MICHAEL
LYNCH,
UNKNOWN
WEBSITES 1-10, JOHN DOES #1-10,
UNKNOWN ENTITIES 1-10,
Defendants.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge1’s Report and Recommendation (Doc. #17), filed May
3, 2013, recommending that plaintiff’s Motion for the Entry of a
Final Judgment and Injunction by Default Against Defendant (Doc.
#13) be granted, default judgment and a permanent injunction be
entered against James Michael Lynch, and the case be dismissed as
to the remaining defendants. No objections have been filed and the
time to do so has expired.
After conducting a careful and complete review of the findings
and recommendations, a district judge may accept, reject or modify
the magistrate judge’s report and recommendation.
636(b)(1);

Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),

cert. denied, 459 U.S. 1112 (1983).

1

28 U.S.C. §

In the absence of specific

The Report and Recommendation was issued prior to the
appointment of the Honorable Sheri Polster Chappell to the district
court.

objections, there is no requirement that a district judge review
factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9
(11th Cir. 1993), and the court may accept, reject or modify, in
whole or in part, the findings and recommendations.
636(b)(1)(C).

28 U.S.C. §

The district judge reviews legal conclusions de

novo, even in the absence of an objection.

See Cooper-Houston v.

Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),
aff’d, 28 F.3d 116 (11th Cir. 1994) (Table).
After conducting an independent examination of the file and
upon due consideration of the Report and Recommendation, the Court
accepts the Report and Recommendation of the magistrate judge as
supplemented

herein.

The

Court

finds

that

defendant

acted

willfully and that plaintiff is entitled to statutory damages as to
Count I of the Complaint.

No multiplier of damages is sought, and

plaintiff is not seeking damages as to the Count II, see doc. #13,
n.2, which will be dismissed without prejudice.

The unnamed

defendants will also be dismissed without prejudice based on
plaintiff’s voluntary dismissal of these defendants.

(See Doc.

#13, n.1.)
The Court also specifically finds that the allegations in the
Complaint, deemed admitted, present an exceptional case warranting
attorney’s fees.

15 U.S.C. § 1117(a).

The fees outlined in the

Declaration of Laura Pasternak (Doc. #13-2) are reasonable as to

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the hours expended and the hourly rates and therefore will be
granted in the amount of $6,969.50.

Plaintiff is also entitled to

the $350.00 filing fee as a taxable cost under 28 U.S.C. § 1920.
Any other relief sought in the Complaint not addressed below is
deemed voluntarily withdrawn.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #17) is hereby adopted
as supplemented herein to address attorney’s fees and costs.
2.

Plaintiff’s Motion for the Entry of a Final Judgment and

Injunction by Default Against Defendant (Doc. #13) is granted as
provided below.
3.

A Default judgment shall issue against defendant James

Michael Lynch and in favor of plaintiff as to Count I of the
Complaint (Doc. #1) awarding:
A.

Statutory damages in the amount of $800,000.00;

B.

Attorney’s fees in the amount of $6,619.50; and

C.

Taxable costs in the amount of $350.00, the amounts of

which are not dischargeable as willful and/or malicious injury to
Rolex and/or Rolex’s property under 11 U.S.C. § 523(a)(6) in any
bankruptcy case filed by Defendant to the extent permitted by law.
D.

A Permanent Injunction will be entered under separate

cover.

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4.
and

the

Count II of the Complaint is dismissed without prejudice
remaining

unidentified

and

unserved

defendants

are

dismissed without prejudice.
5.

The Clerk shall enter judgment as stated in paragraphs 3

and 4 and pursuant to the Permanent Injunction to be issued,
terminate all deadlines and motions, and close the file.
DONE AND ORDERED at Fort Myers, Florida, this
June, 2013.

Copies:
Hon. Sheri Polster Chappell
Counsel of Record

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12th

day of