Mayweather v. Wine Bistro, LLC

Filing 59

ORDER Adopting 58 Report and Recommendation. FURTHER ORDERED that 46 Amended MOTION for Default Judgment is GRANTED. FURTHER ORDERED that Final Judgment is entered in favor of Mayweather and against the Wine Bistro and 2nd To None Entertainm ent, jointly and severally. FURTHER ORDERED that The Wine Bistro, 2nd To None Entertainment, their officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with them, are permanently enjoined from using the Plaintiff's name and likeness for commercial gain. The clerk of court is instructed to enter judgment accordingly and close this case. Signed by Judge Jennifer A. Dorsey on 12/4/14. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4

Floyd Mayweather,

Case No.: 2:13-cv-210-JAD-VCF

5

Plaintiff,

6

v.

7

Order Adopting Report and
Recommendation [Doc. 58] and
Granting Mayweather’s Amended
Motion for Default Judgment
[Doc. 46]

The Wine Bistro, et al.,

8

Defendants.

9
10
11

Plaintiff Floyd Mayweather filed an Amended Motion for Default Judgment against

12

remaining defendants 2nd To None Entertainment and The Wine Bistro in this case,1 in

13

which he seeks (1) statutory damages under NRS § 597.810; (2) an award of reasonable

14

attorney’s fees and costs; and (3) an order permanently enjoining defendants from “using

15

Plaintiff’s name, likeness, or persona without authorization.” Doc. 46 at 14-16. The matter

16

was referred to U.S. Magistrate Judge Cam Ferenbach for findings and recommendations.

17

After conducting an evidentiary hearing, Judge Ferenbach issued a detailed, 18-page

18

evaluation of Mayweather’s motion, which recommended granting the request for a default

19

judgment against both remaining defendants; awarding Mayweather statutory damages of

20

$2,250—treble the statutory minimum—under NRS § 597.810; awarding Mayweather

21

attorney fees of $17,408.48 and costs of $1,084; and permanently enjoining The Wine Bistro

22

and 2nd To None Entertainment, their “officers, agents, servants, employees, and attorneys,

23

and other persons who are in active concert and participation with” them, “from using

24

Plaintiff’s name and likeness for commercial gain.” Doc. 58 at 16-17. Additionally, as all

25

other defendants had been previously dismissed from the case, Judge Ferenbach recommends

26
27
28

1

Mayweather also sued Maurice Flippen, Ronald Daniels, Blake Turner, Lee Bates, Ernest Johnson,
Jr., ZB Entertainment LLC, Zakee Boyd, Leber Inc., and Anward “Ward” Jenkins. Doc. 6 at 2-3. All of
these defendants had been terminated from the case by the time Mayweather filed his Amended Motion for
Default Judgment.

1

1

entering a final judgment against The Wine Bistro and 2nd To None Entertainment. Id. at

2

17.

3

Judge Ferenbach issued his report and recommendation on November 17, 2014.

4

Objections were due December 2, 2014. No objections have been filed. “[N]o review is

5

required of a magistrate judge’s report and recommendation unless objections are filed.”2

6

Accordingly, and with good cause appearing,

7

It is HEREBY ORDERED that Magistrate Judge Ferenbach’s report and

8
9
10
11

recommendation [Doc. 58] is ADOPTED.
It is FURTHER ORDERED that Mayweather’s Amended Motion for Default
Judgment [Doc. 46] is GRANTED.
It is FURTHER ORDERED, ADJUDGED, and DECREED that Final Judgment is

12

entered in favor of Mayweather and against the Wine Bistro and 2nd To None Entertainment,

13

jointly and severally as follows:

14

1.

Damages in the amount of $2,250. NRS § 597.810(b)(1);

15

2.

Attorney fees in the amount of $17,408.08. 15 U.S.C. § 1117(a); NRS §
41.600(3)(c); and

16
17

3.

Costs of $1,084. 15 U.S.C. § 1117(a); NRS § 41.600(3)(c).

18

It is FURTHER ORDERED, ADJUDGED, and DECREED that The Wine Bistro, 2nd

19

To None Entertainment, their officers, agents, servants, employees, and attorneys, and other

20

persons who are in active concert or participation with them, are permanently enjoined from

21

using the Plaintiff’s name and likeness for commercial gain. 15 U.S.C. § 1116(a); NRS §

22

597.810(1)(a).

23

The clerk of court is instructed to enter judgment accordingly and close this case.

24

DATED: December 4, 2014.
___ _
_____________________
_ _ _
_________________________________
nifer Dorsey
f
y
Jennifer A. Dorsey
ed States
t Judge
United States District Judge

25
26
27
28

2

Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003). See also Thomas v. Arn, 474
U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

2