Riding Films, Inc. v. Does 129-193
Filing
81
ORDER ADOPTING 77 REPORT AND RECOMMENDATIONS, GRANTING in part and DENYING in part 59 Plaintiffs Motion for Default Judgment against Defendant James McLean. Plaintiff is AWARDED statutory damages as against defendant James McLean in the amount o f $6,000 and attorneys fees and costs in the total amount of $1,860.70. Signed by Judge Algenon L. Marbley on 2/11/2015. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
RIDING FILMS, INC.,
Plaintiff,
vs.
Civil Action 2:13-cv-46
Judge Marbley
Magistrate Judge King
JOHN DOES 129-193,
Defendants.
ORDER
On January 8, 2015, the United States Magistrate Judge
recommended that Plaintiffs’ Motion for Default Judgment against
Defendant James McLean, ECF 59, be granted in part and denied in part.
Report and Recommendation, ECF 77.
It was specifically recommended
(1) that defendant James McLean be permanently enjoined from directly
or indirectly infringing plaintiff’s copyrighted works, including by
use of the internet to reproduce, copy, distribute, or make available
for distribution to the public plaintiff’s copyrighted works, unless
plaintiff provides defendant with a license or express permission, (2)
that defendant James McLean be ordered to destroy all copies of
plaintiff’s motion picture Dawn Rider that defendant James McLean has
downloaded onto any computer hard drive or server without plaintiff’s
authorization and all copies that have been transferred onto any
physical medium or device in defendant James McLean’s possession,
custody, or control, and (3) that plaintiff be awarded statutory
damages as against defendant James McLean in the amount of $6,000 and
1
attorneys’ fees and costs in the total amount of $1,964.57. Id.
Plaintiff was advised of its right to object to the recommendation and
of the consequences of its failure to do so, but has nevertheless
failed to file an objection.
The Report and Recommendation, ECF 77, is ADOPTED AND AFFIRMED.
Plaintiffs’ Motion for Default Judgment against Defendant James
McLean, ECF 59, is GRANTED in part and DENIED in part.
Defendant James McLean is PERMANENTLY ENJOINED from directly or
indirectly infringing plaintiff’s copyrighted works, including by use
of the internet to reproduce, copy, distribute, or make available for
distribution to the public plaintiff’s copyrighted works, unless
plaintiff provides defendant with a license or express permission.
Defendant James McLean is ORDERED to destroy all copies of plaintiff’s
motion picture Dawn Rider that defendant James McLean has downloaded
onto any computer hard drive or server without plaintiff’s
authorization and all copies that have been transferred onto any
physical medium or device in defendant James McLean possession,
custody, or control. Plaintiff is AWARDED statutory damages as against
defendant James McLean in the amount of $6,000 and attorneys’ fees and
costs in the total amount of $1,860.70.
s/Algenon L. Marbley
Algenon L. Marbley
United States District Judge
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