MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.32.2.28

Filing 32

ORDER Adopting 31 Report and Recommendation for Granting 22 Motion for Default Judgment filed by MALIBU MEDIA, LCC. Signed by District Judge Sean F. Cox. (JMcC)

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Case 2:17-cv-10432-SFC-RSW ECF No. 32 filed 09/05/18 PageID.256 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Malibu Media, LLC, Plaintiff, v. Case No. 17-10432 Chrissy North, et al., Sean F. Cox United States District Court Judge Defendants. ______________________________/ ORDER ADOPTING 8/3/18 REPORT AND RECOMMENDATION Plaintiff filed this action on February 10, 2017. The matter was referred to Magistrate Judge Steven R. Whalen for determination of all non-dispositive motions pursuant to 28 U.S.C. § 636(b)(1) and Report and Recommendation pursuant to § 636(b)(1)(B) and (C). On August 3, 2018, the magistrate judge issued a Report and Recommendation (“R&R”) (Docket Entry No. 13) wherein he recommends: 1) that the Court grant Plaintiff’s motion seeking a default judgment against Defendant Chrissy North; 2) that the Court award Plaintiff statutory damages in the amount of $1,000.00 for each of the 13 copyrighted works, for a total default judgment of $13,000.00; 3) that Defendant Chrissy North, and those working in active concert or participation with her, be permanently enjoined from continuing to infringe Plaintiff’s copyrighted works; and 4) that Defendant Chrissy North be ordered to delete and permanently remove any fringing copies of Plaintiff’s works under Defendant’s possession, custody, or control. Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a 1 Case 2:17-cv-10432-SFC-RSW ECF No. 32 filed 09/05/18 PageID.257 Page 2 of 2 matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after being served with a copy of the R&R. “The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge’s disposition to which specific written objection has been made.” Id. The time for filing objections to the R&R has expired and the docket reflects that neither party has filed objections to the R&R. The Court hereby ADOPTS the August 3, 2018 R&R and ORDERS that Plaintiff’s motion for default judgment as to Defendant Chrissy North is GRANTED and a Default Judgment shall be issued. IT IS SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: September 5, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 5, 2018, by electronic and/or ordinary mail. s/Jennifer McCoy Case Manager 2

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