Cael Technologies (Pvt.) Ltd. v. Precise Voting, LLC. et al

Filing 90

ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that the time to file objections to the recommendation of Magistrate Brown having passed without receipt of any objections thereto, the Report and Recommendation is hereby adopted. Plaintiff is aw arded actual damages in the amount of $475,000 and prejudgment interest, to be calculated by the Clerk of the Court, at the rate of nine percent (9%) per annum from January 9, 2007 through the date of judgment. The Clerk of the Court is directed to enter judgment as set forth above and to close the file in this action. Ordered by Judge Leonard D. Wexler on 6/22/2017. (Florio, Lisa)

FILED
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JUN 2 2 2017

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LONG ISLAND OFFICE

CAEL TECHNOLOGIES (PVT.) LTD.,
MEMORANDUM AND ORDER

cv 13-1470

Plaintiff,
-against-

(Wexler, J.)

PRECISE VOTING, LLC,
VOTRITE, LLC.,
Defendants.

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APPEARANCES:
SABHARWAL & FINKEL, LLC
BY: ADAM D. FINKEL, ESQ.
Attorneys for Plaintiff
350 Fifth Avenue, 59'h Floor
New York, New York 10118
CITTONE & CHINTA LLP
BY: HENRY JOSEPH CITTONE, ESQ.
PADMAJA CHINTA, ESQ.
Attorneys for Plaintiff
11 Broadway, Suite 615
New York, New York 10004

WE){LER, District Judge:
Plaintiff Cael Technologies (Pvt.) Ltd. commenced this copyright action on March 20,
2013, alleging that in 2012, Defendants marketed an electronic voting system very similar to
Plaintiffs copyrighted Voting Systems Software. According to Plaintiff, Defendants copied,
decompiled and modified Plaintiffs copyrighted software and registered it with the United States

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Copyright Office in 2006 as its own software.
On October 14, 2016, the Court granted Plaintiff a default judgment against Defendant
VotRite, LLC ("VotRite"). 1 Pursuant to that Order, VotRite was permanently enjoined from
infringing Plaintiffs copyright and directed to return all copies of the copyrighted software. The
action was referred to the assigned Magistrate Judge to report and recommend with respect to the
amount of damages, if any, to be awarded to Plaintiff.
Magistrate Judge Brown held an inquest hearing with respect to damages on May 7, 2017,
at which VotRite failed to appear. After considering the evidence offered by the Plaintiff,
Magistrate Brown issued a Report and Recommendation on May 10, 2017, recommending that
Plaintiff be awarded $475,000 in actual damages and pre-judgment interest at a rate of nine
percent (9%) per annum from January 9, 2007.
Magistrate Brown's Report and Recommendation advised the parties that any written
objections were to be filed within fourteen days from the date of service of the Report and
Recommendation. (R&R at 2.) The Report and Recommendation was served on VotRite on
May 10, 2017 (Docket Entry #89.) To date, no objections have been received.
Accordingly, the time to file objections to the recommendation of Magistrate Brown
having passed without receipt of any objections thereto, the Report and Recommendation is
hereby adopted. Plaintiff is awarded actual damages in the amount of$475,000 and prejudgment interest, to be calculated by the Clerk of the Court, at the rate of nine percent (9%) per
annum from January 9, 2007 through the date of judgment.

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Defendant Precise Voting, LLC filed for bankruptcy on November 25, 2014, at which
time this action was stayed with respect to that defendant.
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The Clerk of the Court is directed to enter judgment as set forth above and to close the
file in this action.

SO ORDERED:

Dated: Central Islip, New York
June 22, 2017

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qEONAim If WEXLERf'
United States Magistrate Judge

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