EMI April Music Inc. et al v. Ocala Hospitality Group, LLC et al

Filing 19

ORDER granting 16 Plaintiffs' Motion for Entry of Final Judgment on Defaults, Enjoining Infringing Conduct and Awarding Statutory Damages. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Signed by Judge Marcia Morales Howard on 12/16/2016. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
EMI APRIL MUSIC INC., WALTZ TIME MUSIC, INC.,
HOUSE OF FAME INC., LORIMAR MUSIC A CORP.,
DUKE OF EARLE, and TRI-ANGELS MUSIC,
Plaintiffs,
-vs-

Case No. 5:16-cv-30-Oc-34PRL

OCALA HOSPITALITY GROUP, LLC and
DOUGLAS PERERA,
Defendants.
___________________________________________/

ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Doc. 18;
Report), entered by the Honorable Philip R. Lammens, United States Magistrate Judge,
on August 30, 2016. In the Report, Magistrate Judge Lammens recommends that the
Motion for Entry of Final Judgment on Defaults, Enjoining Infringing Conduct and
Awarding Statutory Damages (Doc. 16), filed by EMI April Music Inc., Waltz Time Music
Inc., House of Fame Inc., Lorimar Music A Corp., Duke of Earle, and Tri-Angels Music
(“Plaintiffs”) be granted. See Report at 10. Defendants failed to file objections to the
Report, and the time for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the finding or
recommendations by the magistrate judge.” 28 U.S.C. § 636(b). If no specific objections
to findings of facts are filed, the district court is not required to conduct a de novo review
of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see
also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de

novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla.
May 14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1. Plaintiffs’ Motion for Entry of Final Judgment on Defaults, Enjoining Infringing
Conduct and Awarding Statutory Damages (Doc. 16) is GRANTED.
2. The Clerk of the Court is directed to enter judgment in favor of Plaintiffs and
against Defendants, jointly and severally, in the amount of $46,000.00.
3. The Clerk of the Court is further directed to enter judgment as follows:
Defendants, Ocala Hospitality Group, L.L.C. and Douglas Perera, are hereby
jointly and individually enjoined and restrained permanently, either alone or in
concert with others, from publicly performing any and all of the copyrighted
musical compositions in the ASCAP repertory, including those belonging to
Plaintiffs, and from causing or permitting such compositions to be publicly
performed at any facility owned, operated, or conducted by the Defendants, in
whole or in part, and from aiding and abetting public performances of such
compositions, unless Defendants shall have previously obtained permission to
give such performances either directly from the Plaintiffs or the copyright
owners whose compositions are being performed or by license from ASCAP.
This Court reserves jurisdiction over the parties hereto and this action to

enforce the terms of this permanent injunction through contempt proceedings
and/or through any other permissible means.
4. The Clerk of the Court shall close the file.
DONE AND ORDERED in Chambers this 16th day of December, 2016.

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Copies to:
Hon. Philip R. Lammens
Counsel of Record