Malibu Media, LLC v. DOE

Filing 23

OPINION and ORDER adopting 22 the Report and Recommendation. Signed by Judge Michael H. Watson on 6/5/15. (jk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Malibu Media, LLC,
Plaintiff,

v.

Case No. 2:14-cv-1136

John Doe, subscriber assigned IP
Address 71.72.116.231, eta/.,

Judge Michael H. Watson

Defendants.
OPINION AND ORDER
After securing an entry of default, Malibu Media, LLC ("Plaintiff') moved for
default judgment against James Smith ("Defendant") in this copyright
infringement case. Upon a specific order of reference, ECF No. 13, Magistrate
Judge King issued a report and recommendation ("R&R"), recommending the
Court grant default judgment against Defendant and award Plaintiff a permanent
injunction prohibiting Defendant from: (1) directly or indirectly infringing upon
Plaintiffs copyrighted works, including through the use of the internet to
reproduce, copy, distribute, or make available for distribution to the public
Plaintiffs copyrighted works, unless Plaintiff provides a license or express
permission, and (2) requiring Defendant to destroy all copies of Plaintiff's motion
pictures identified in Exhibit B to the Amended Complaint, ECF No. 5-2, that
Defendant has downloaded onto any computer hard drive or server without
Plaintiff's permission and all copies that have been transferred onto any physical

medium or device in Defendant's possession, custody, or control. The R&R also
recommends awarding Plaintiff statutory damages in the amount of $12,000 and
attorney's fees and costs in the amount of $1,657. R&R 3, 9, ECF No. 22.
The R&R advised the parties of the right to file objections and noted that
the failure to object would result in a waiver of the right to de novo review by the
Undersigned as well as a waiver of the right to appeal the judgment of the District
Court. /d. at 10. The deadline for filing objections has passed, and none were
filed. Accordingly, the Court ADOPTS the R&R without conducting a de novo
review. The Clerk shall enter default judgment against Defendant and award
Plaintiff a permanent injunction, damages, and attorney's fees and costs, in
accordance with the recommendation in the R&R.
IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:14-v-1136

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