Malibu Media, LLC v. DOE

Filing 15

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 14 in that the 12 Plaintiff's Motion for Default Judgment is granted in part and denied in part. Signed by Judge James L Graham on 8/12/15. (sem)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Malibu Media, LLC,
Plaintiff,
v.

Case No. 2:14-cv-558

Brandon Griggs,
Defendant.
ORDER
This matter is before the court for consideration of the
report and recommendation of the magistrate judge filed on June 19,
2015, recommending that plaintiff’s motion for default judgment be
granted in part and denied in part.
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 have the
district judge review the Report and Recommendation de novo, and
also operates as a waiver of the right to appeal the decision of
the District Court adopting the Report and Recommendation.”
14, p. 8.

Doc.

The time period for filing objections to the report and

recommendation has expired, and no objections have been filed.
The

court

hereby

recommendation (Doc. 14).

adopts

and

affirms

the

report

and

The motion for default judgment (Doc.

12) is granted in part and denied in part.

The clerk shall enter

judgment in favor of plaintiff as follows:

Plaintiff is awarded

statutory damages against defendant Brandon Griggs in the amount of
$42,750.00, and attorney’s fees and costs in the total amount of
$1,582.00.

Defendant Brandon Griggs 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 Brandon Griggs is ordered
to destroy all copies of plaintiff’s motion pictures identified in
Exhibit B of the Amended complaint that he 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 his possession, custody or control.
It is so ordered.
Date: August 12, 2015

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

2