Sheldon v. Plot Commerce

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has carefully reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. Accordingly, Plaintiff's motion for default judgment is granted andPlaintiff is awar ded actual and statutory damages totaling $510,000. Plaintiffs requests for attorneys' fees and costs, however, are denied without prejudice, with leave to refile. The Clerk of Court is directed to enter judgment accordingly. Ordered by Judge Carol Bagley Amon on 9/16/2016. (fwd for judgment) (Fernandez, Erica)

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IN cl.&Alff0
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U.I. OISTRIOT c•

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

SEP 19 2016

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BROOKLYN OfF\CE

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JASON SHELDON,

Plaintiff,

NOT FOR PUBLICATION
ORDER
15-CV-5885 (CBA) (CLP)

-againstPLOT COMMERCE, a corporation,
Defendant.

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AMON, United States District Judge:

The Court has received the Report and Recommendation ("R&R") of the Honorable Cheryl
Pollak, United States Magistrate Judge, recommending that Plaintiff's motion for default judgment
be granted and that Plaintiff be awarded $510,000 in damages (consisting of $10,000 in actual
damages under the Copyright Act, 17 U.S.C. § 101 et seq., and $500,000 in statutory damages under
the Digital Millennium Copyright Act, 17 U.S.C. § 1201 et seq.), but that the requests for attorneys'
fees and for costs be denied without prejudice, subject to refiling with proper documentation and
authority. (See D.E. # 29.) No party has objected to the R&R, and the time for doing so has passed.
When deciding whether to adopt a report and recommendation, 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). To accept those portions of the R&R to which no timely objection has been
made, "a district court need only satisfy itself that there is no clear error on the face of the record."
Jarvis v. N. Am. Globe:x Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation
marks and citation omitted).
The Court has carefully reviewed the record and, finding no clear error, adopts the R&R as
the opinion of the Court. Accordingly, Plaintiff's motion for default judgment is granted and
Plaintiff is awarded actual and statutory damages totaling $510,000.

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Plaintiff's requests for

attorneys' fees and costs, however, are denied without prejudice, with leave to refile. The Clerk of
Court is directed to enter judgment accordingly.
SO ORDERED.

Dated: September /&, 2016
Brooklyn, New York

s/Carol Bagley Amon
A:arol BagleY Arnoi:J ·£i
United States Distifct Ju

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