Granite Music Corporation et al v. Center Street Smoke House, Inc. et al

Filing 47

ORDER adopting Report and Recommendation re 44 ; granting 34 Motion for Default Judgment; awarding plaintiff statutory damages in the amount of $30,000 plus costs and attorneys' fees totaling $23,246.24 and granting a permanent injunction prohibiting defendants from further copyright infringement. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/19/2011. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

GRANITE MUSIC CORPORATION,
COOLWELL MUSIC,
TROUP LONDON MUSIC, AND
UNIVERSAL-POLYGRAM INTERNATIONAL
PUBLISHING, INC.,
Plaintiffs,
ORDER
09-CV-872A

v.
CENTER STREET SMOKE HOUSE, INC.,
CREGG S. PAUL, AND
SCOTT R. PAUL,
Defendants.

The above-referenced case was referred to Magistrate Judge Leslie G.
Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 18, 2011, Magistrate Judge
Foschio filed a Report and Recommendation, recommending that plaintiff's motion for
entry of a default judgment be granted, that plaintiff be awarded statutory damages in
the amount of $30,000 plus costs and attorneys' fees totaling $23,246.24, and that a
permanent injunction prohibiting defendants from further copyright infringement should
be granted.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Foschio's Report and Recommendation, plaintiff's motion

for entry of a default judgment is granted, plaintiff is awarded statutory damages in the
amount of $30,000 plus costs and attorneys' fees totaling $23,246.24, and the Court
grants a permanent injunction prohibiting defendants from further copyright
infringement.
The Clerk of Court shall take all steps necessary to close the case.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: May 19, 2011