Joe Hand Promotions, Inc. v. Wall Street Restaurant, LLC et al

Filing 15

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: After careful review of the record, the Court finds the R&R to becorrect, well-reasoned, and free of any clear error. The Court, therefore,adopts the R&R in its entirety as the opinion of the Court. Judgment shall enter against Wall Street and Batiz, jointly and severally, in the amount of $11,729.80 in damages and costs, itemized as follows: (1)$3,736.60 in statutory damages; (2)$7,473.20 in enhanced damages; (3) $520 in costs. The Clerk of the Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Eric N. Vitaliano on 4/19/15. (fwd for judgment) (Fernandez, Erica)

Fi LED

IN CLERK'S OFFICE
u.~. C!~: ~~,~·r COURT E.D.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOE HAND PROMOTIONS, INC.,

1.r MAY 4- 2015 -;.
BROOKLYN OFFICE

Plaintiff,
MEMORANDUM & ORDER
-against14-CV-4267 (ENV)(RLM)
WALL STREET RESTAURANT, LLC
d/b/a CAFE REMY and EDWIN BATIZ,
Defendants.
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VIT ALIANO, D.J.
Plaintiff Joe Hand Promotions, Inc. ("Joe Hand") alleges that
defendants Wall Street Restaurant, LLC, transacting business as Cafe Remy
("Wall Street"), and its principal, Edwin Batiz, violated 47 U.S.C. §§ 605 and
553 by illegally intercepting, for their own commercial purpose, plaintiff's
scrambled satellite transmission of the "Ultimate Fighting Champion" bouts
that aired on February 23, 2013. After defendants failed to appear or
othenvise respond to the complaint, plaintiff moved for default judgment.
The Court granted the motion, referring the matter to Magistrate Judge
Roanne L. Mann for a Report and Recommendation ("R&R") on damages.
Judge Mann's R&R issued on February 20, 2015.

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In reviewing a report and recommendation of a magistrate judge, a
district court "may accept, reject, or modify, in whole or in part, the findings
or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l).
Further, a district judge is required to "determine de novo any part of the
magistrate judge's disposition that has been properly objected to." Fed. R.
Civ. P. 72(b)(3); see also Arista Records, LLC v. Doe 3, 604 F.3d 110, 116 (2d
Cir. 2010). But, where no timely objection has been made, the "district court
need only satisfy itself that there is no clear error on the face of the record" to
accept a magistrate judge's report and recommendation, and "may adopt
those portions of the [r]eport ... which are not factually erroneous." Price v.

City of New York, 797 F. Supp. 2d 219, 223 (E.D.N.Y. 2011) (citations and
internal quotation marks omitted).

In this instance, no objections have been filed, and the time to do so has
passed. After careful review of the record, the Court finds the R&R to be
correct, well-reasoned, and free of any clear error. The Court, therefore,
adopts the R&R in its entirety as the opinion of the Court. Judgement shall
enter against Wall Street and Batiz, jointly and severally, in the amount of
$11,729.80 in damages and costs, itemized as follows:

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(1)$3,736.60 in statutory damages;
(2)$7,473.20 in enhanced damages;
(3) $520 in costs.
The Clerk of the Court is directed to enter judgment accordingly and to
close this case.
So Ordered.
Dated:

Brooklyn, New York
April 19, 2015

I

s/Eric N. Vitaliano
,

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ERIC N. VITALIANO
United States District Judge

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