Cell Film Holdings, LLC v. Doe-50.139.0.92

Filing 49

ORDER - The Court ADOPTS Judge Beckerman's Findings and Recommendation, ECF 46 . Plaintiffs' motion for default judgment (ECF 44 ) is GRANTED. The Court orders a permanent injunction enjoining Defendant from directly, indirectly, or contributorily infringing on Plaintiffs' rights, including without limitation by using the internet to reproduce or copy Plaintiffs' motion pictures Cell, London Has Fallen, and Automata, to distribute them, or to make them available for distribution to the public except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant is further ordered to: (1) pay each Plaintiff statutory damages of $750, for total damages of $2,250; (2) cease all activ ities infringing on Plaintiffs' rights in their motion pictures Cell, London Has Fallen, and Automata; and (3) destroy all unauthorized copies of those motion pictures in the possession of Defendant. Signed 10/18/2017 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

CELL FILM HOLDINGS, LLC, LHF
PRODUCTIONS, INC., and AUTOMATA
PRODUCTIONS, INC.,

Case No. 3:16-cv-1440-SB
ORDER

Plaintiffs,
v.
JENNIFER POWELL,
Defendants.
Michael H. Simon, District Judge.
United States Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation in this case on September 25, 2017. ECF 46. Judge Beckerman recommended
that Plaintiffs’ motion for default judgment be granted and that each Plaintiff be awarded $750 in
statutory damages, for total damages of $2,250. Judge Beckerman also recommended that the
Court enter a permanent injunction enjoining Defendant from infringing on Plaintiffs’ motion
pictures. 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
PAGE 1 – ORDER

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
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.
CONCLUSION
The Court ADOPTS Judge Beckerman’s Findings and Recommendation, ECF 46.
Plaintiffs’ motion for default judgment (ECF 44) is GRANTED. The Court orders a permanent
injunction enjoining Defendant from directly, indirectly, or contributorily infringing on
Plaintiffs’ rights, including without limitation by using the internet to reproduce or copy
Plaintiffs’ motion pictures Cell, London Has Fallen, and Automata, to distribute them, or to
make them available for distribution to the public except pursuant to a lawful license or with the
express authority of Plaintiffs. Defendant is further ordered to: (1) pay each Plaintiff statutory
PAGE 2 – ORDER

damages of $750, for total damages of $2,250; (2) cease all activities infringing on Plaintiffs’
rights in their motion pictures Cell, London Has Fallen, and Automata; and (3) destroy all
unauthorized copies of those motion pictures in the possession of Defendant.
IT IS SO ORDERED.
DATED this 18th day of October, 2017.

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

PAGE 3 – ORDER