The Power of Few LLC v. Does 1-11

Filing 19

ORDER granting in part and denying in part 16 Motion for Default Judgment; adopting Report and Recommendations re 18 Report and Recommendations. Signed by Judge James L Graham on 10/30/2014. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
The Power of Few, LLC,
Plaintiff,
v.

Case No. 2:13-cv-839

John Does 1-11,
Defendants.
ORDER
This

is

an

action

for

copyright

infringement

filed

by

plaintiff against John Doe defendants. During discovery, plaintiff
was able to identify one defendant as being Dennis Martini, who is
the only defendant named in the amended complaint.

Process was

served on the defendant, and after he failed to plead or otherwise
defendant in this action, the clerk entered default on May 28,
2014.

Plaintiff then filed a motion for default judgment (Doc.

16), which was referred to Magistrate Judge King for report and
recommendation (Doc. 17).
On October 8, 2014, a report and recommendation was filed
which recommended that the motion for default judgment should be
granted in part and denied in part.

Specifically, the report

recommended that the court grant plaintiff’s request for injunctive
relief.

It was further recommended that plaintiff be awarded

$6,000 in statutory damages (a reduction from the $150,000.00 in
statutory damages sought by plaintiff), $1,500.00 in attorney’s
fees (a reduction from the $5,101.25 sought by plaintiff), and
$405.01 in costs.
The report and recommendation specifically advised the parties
that the failure to object to the report and recommendation within

fourteen days “will result in a waiver of the right to de novo
review by the District Judge and waiver of the right to appeal the
judgment of the District Court.”

Doc. 18, p. 12.

The time period

for filing objections to the report and recommendation has expired
and no objections have been filed.
The

court

hereby

adopts

recommendation (Doc. 18).

and

affirms

the

report

and

Plaintiff’s motion for default judgment

(Doc. 16) is granted in part and denied in part.
Plaintiff is hereby awarded $6,000.00 in statutory damages,
$1,500.00 in attorney’s fees and $405.01 in costs against defendant
Dennis Martini.
enjoined

from

Defendant Dennis Martini is hereby permanently
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
Dennis Martini with a license or express permission.
Dennis

Martini

is

further

ordered

to

destroy

all

Defendant
copies

of

plaintiff’s motion picture The Power of Few that defendant Dennis
Martini 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 Dennis
Martini’s possession, custody, or control.
The clerk is directed to enter judgment in favor of plaintiff
and

against

defendant

Dennis

Martini

in

accordance

foregoing.

Date: October 30, 2014

s/James L. Graham
James L. Graham
United States District Judge

2

with

the