Prism Pictures, Inc. v. Kennedy

Filing 17

ORDER granting 14 Motion for Default Judgment; Adopting Report and Recommendations - re 16 Report and Recommendations. The Clerk is directed to enter a declaratory judgment in favor of Plaintiff and thereafter, is directed to close this case. On or before December 12, 2016, Plaintiff shall file a Bill of Costs. Signed by Judge Carlos E. Mendoza on 11/28/2016. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION PRISM PICTURES, INC., Plaintiff, v. Case No: 6:16-cv-1055-Orl-41TBS R. ZACK KENNEDY, Defendant. / ORDER THIS CAUSE is before the Court on Plaintiff’s Motion for Default Final Judgment (Doc. 14). United States Magistrate Judge Thomas Smith submitted a Report and Recommendation (Doc. 16), in which he recommends that the motion be granted and declaratory judgment be entered on Plaintiff’s claims. Judge Smith further recommends that Plaintiff is entitled to recover its costs. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees with the analysis set forth in the Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 16) is ADOPTED and CONFIRMED and made a part of this Order. 2. Plaintiff’s Motion for Default Final Judgment (Doc. 14) is GRANTED. 3. The Clerk is directed to enter a declaratory judgment in favor of Plaintiff providing that: (1) neither Monsters at Large nor the underlying screenplay infringes any copyright held by Defendant; and (2) Plaintiff has no contractual obligations of any kind to Defendant with respect to Monsters at Large, its underlying screenplay, Page 1 of 2 Defendant’s unidentified works, or otherwise. Thereafter, the Clerk is directed to close this case. 4. On or before December 12, 2016, Plaintiff shall file a Bill of Costs. DONE and ORDERED in Orlando, Florida on November 28, 2016. Copies furnished to: Counsel of Record Page 2 of 2

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