Cobbler Nevada, LLC v. Doe-67.171.139.17

Filing 48

ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Beckerman's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Acco rdingly, the Court ADOPTS Judge Beckerman's Findings and Recommendation, ECF 45 . Plaintiffs' motion for default judgment (ECF 41 ) is GRANTED. A judgment will be entered against Defendant, permanently enjoining her from infringing Plaintiffs' rights in the movies The Cobbler and Good Kill and awarding $750 in statutory damages to each Plaintiff. Signed on 1/19/2017 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

COBBLER NEVADA, LLC and CLEAR
SKIES NEVADA, LLC,

Case No. 3:15-1915-SB
ORDER

Plaintiffs,
v.
SHAWNA MOSS,
Defendant.
Michael H. Simon, District Judge.
United States Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation in this case on December 19, 2016. ECF 45. Judge Beckerman recommended
that Plaintiffs’ motion for default judgment be granted and a default judgment be entered in the
amount of statutory damages of $750 for each Plaintiff. No party has filed objections.
Under the Federal Magistrates Act (“Act”), the court may “accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C.
§ 636(b)(1). If a party files objections to a magistrate’s findings and recommendations, “the court
shall make a de novo determination of those portions of the report or specified proposed findings
or recommendations to which objection is made.” Id.; Fed. R. Civ. P. 72(b)(3).
If no party objects, the Act does not prescribe any standard of review. See Thomas v.
Arn, 474 U.S. 140, 152 (1985) (“There is no indication that Congress, in enacting [the Act],

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intended to require a district judge to review a magistrate’s report to which no objections are
filed.”); United States. v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (holding
that the court must review de novo magistrate’s findings and recommendations if objection is
made, “but not otherwise”).
Although review is not required in the absence of objections, the Act “does not preclude
further review by the district judge[] sua sponte . . . under a de novo or any other standard.”
Thomas, 474 U.S. at 154. Indeed, the Advisory Committee Notes to Fed. R. Civ. P. 72(b)
recommend that “[w]hen no timely objection is filed,” the court review the magistrate’s findings
and recommendations for “clear error on the face of the record.”
No party having made objections, this Court follows the recommendation of the Advisory
Committee and reviews Judge Beckerman’s Findings and Recommendation for clear error on the
face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge
Beckerman’s Findings and Recommendation, ECF 45. Plaintiffs’ motion for default judgment
(ECF 41) is GRANTED. A judgment will be entered against Defendant, permanently enjoining
her from infringing Plaintiffs’ rights in the movies The Cobbler and Good Kill and awarding
$750 in statutory damages to each Plaintiff.
IT IS SO ORDERED.
DATED this 19th day of January, 2017.

/s/ Michael H. Simon
Michael H. Simon
United States District Judge

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