DISH Network L.L.C. v. 786 Wireless World, Inc. et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATION 52 . I adopt the report and recommendation in its entirety. The plaintiff's motion for default judgment is granted consistent with the report and recommendation. Ordered by Judge Ann M. Donnelly on 5/17/2023. (DG)

Case 1:21-cv-05730-AMD-RML Document 54 Filed 05/18/23 Page 1 of 2 PageID #: 733

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DISH NETWORK L.L.C.,
:
Plaintiff,
– against –
786 WIRELESS WORLD, INC., 786
ENTERPRISES, INC., RANA M. AFZAL and
DOES 1-10,

:
: ORDER ADOPTING REPORT
AND RECOMMENDATION
:
21-CV-5730 (AMD)(RML)
:
:

:
Defendants.
--------------------------------------------------------------- X
ANN M. DONNELLY, United States District Judge:
On October 14, 2021, the plaintiff filed this action alleging copyright infringement of
certain television channels licensed exclusively to the plaintiff. (ECF No. 1.) The defendants
filed an untimely answer on Feb. 8, 2022 (ECF No. 8), and later filed an unopposed motion to
file a late answer, which Magistrate Judge Robert Levy granted (see Order, dated August 24,
2022). On November 7, 2022, the plaintiff filed an amended complaint naming additional
defendants. (ECF. No. 30.) Defendants 786 Wireless World, Inc., 786 Enterprises, Inc., Adeel
Hussain and Rana M. Afzal filed an answer on November 29, 2022. (ECF No. 35.) As
discovery progressed, these four defendants repeatedly refused to engage in discovery efforts or
respond to communications from the plaintiff. On February 17, 2023, after multiple
unsuccessful attempts to contact these defendants, their counsel filed a letter motion to withdraw
as counsel. (ECF No. 50.) On March 15, 2023, the plaintiff moved for default judgment under
Rule 37(b)(2)(vi) for not obeying a discovery order. 1 (ECF No. 51.)

Six additional defendants named in the amended complaint failed to answer or move in response to the amended
complaint. Plaintiff obtained a Clerk’s Certificate of Default with respect to those defendants on January 12, 2023.
They are not subject to this order.

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Case 1:21-cv-05730-AMD-RML Document 54 Filed 05/18/23 Page 2 of 2 PageID #: 734

Judge Levy granted defense counsel’s motion to withdraw, and recommended that the
Court enter default judgment against defendants 786 Wireless World. Inc., 786 Enterprises, Inc.,
Adeel Hussain and Rana M. Afzal, finding them liable for copyright infringement, and direct the
plaintiff to file a submission detailing further relief requested. No party has filed an objection to
the report and recommendation and the time for doing so has passed.
A district court reviewing a report and recommendation “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)(1)(C). To accept a report and recommendation 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.” VOX Amplification Ltd. v. Meussdorffer, 50 F. Supp. 3d 355, 369 (E.D.N.Y. 2014).
I have carefully reviewed Judge Levy’s thorough and well-reasoned report and
recommendation for clear error and find none. Accordingly, I adopt the report and
recommendation in its entirety. The plaintiff’s motion for default judgment is granted consistent
with the report and recommendation.

SO ORDERED.

s/Ann M. Donnelly

___________________________
ANN M. DONNELLY
United States District Judge
Dated: Brooklyn, New York
May 17, 2023

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