Clear Skies Nevada, LLC v. Doe-76.105.226.122
Filing
68
ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordi ngly, the Court ADOPTS Judge Acosta's Findings and Recommendation, ECF 66 . Plaintiff's motion for partial summary judgment (ECF 36 ) is GRANTED. Defendant is liable for direct copyright infringement of Plaintiff's motion picture Good Kill and the infringement was willful. Signed on 9/12/2017 by Judge Michael H. Simon. (mja)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CLEAR SKIES NEVADA, LLC,
Plaintiff,
Case No. 3:16-cv-811-AC
ORDER
v.
GRANT KAINU,
Defendant.
Michael H. Simon, District Judge.
United States Magistrate Judge John V. Acosta issued Findings and Recommendation in
this case on August 21, 2017. ECF 66. Judge Acosta recommended that Plaintiff’s motion for
partial summary judgment be granted. 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], intended
PAGE 1 – ORDER
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 Acosta’s Findings and Recommendation for clear error on the
face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Acosta’s
Findings and Recommendation, ECF 66. Plaintiff’s motion for partial summary judgment
(ECF 36) is GRANTED. Defendant is liable for direct copyright infringement of Plaintiff’s
motion picture Good Kill and the infringement was willful.
IT IS SO ORDERED.
DATED this 12th day of September, 2017.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge
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