G&G Closed Circuit Events LLC v. Camden Wing Shack LLC et al

Filing 29

ORDER adopting 24 Report and Recommendation, granting 23 Motion for Default Judgment; directing default judgment be entered in favor of Plaintiff and against Defendant Camden Wing Shack LLC in the amount of $8,428.75 ($6,000 damages, plus $2,428.75 in costs and fees). Signed by Honorable Joseph F Anderson, Jr on 07/01/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
G&G Closed Circuit Events, LLC,

)
)
Plaintiff,
)
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v.
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Camden Wing Shack d/b/a The
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Wing Shack and Crystal Lee Bryson
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a/k/a Crystal L Bryson a/k/a Crystal
)
Lee Trimnal,
)
)
Defendants.
)
_________________________________ )

C/A No.: 3:12-cv-2933

ORDER

The plaintiff, G&G Close Circuit Events, LLC (G&G), brings this civil action
against Defendants Camden Wing Shack (Wing Shack) and Crystal Lee Bryson. In its
complaint, Plaintiff alleges that Defendants violated 47 U.S.C. § 605 and 47 U.S.C. §
553. Plaintiff also asserts a state law claim for conversion against Defendants. Initially,
Defendants failed to respond to the complaint, and the Clerk entered default against both
the Wing Shack and Bryson. Subsequently, Defendant Bryson filed a pro se answer on
behalf of herself and the Wing Shack, but the Magistrate Judge informed Bryson that the
Wing Shack would have to obtain counsel to make an appearance before the court. After
the Wing Shack failed to obtain counsel, G&G filed a motion for default judgment as to
the Wing Shack.

The Magistrate Judge assigned to this action1 has prepared a thorough Report and
Recommendation and opines that G&G’s motion for default judgment should be granted.
The Report sets forth in detail the relevant facts and standards of law on this matter, and
the court incorporates such without a recitation.
Defendant Wing Shack has failed to obtain counsel, to respond to the motion for
default judgment, or to object to the Magistrate Judge’s Report. In the absence of
specific objections to the Report of the Magistrate Judge, this court is not required to give
any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198,
199 (4th Cir. 1983).
After carefully reviewing the applicable laws, the record in this case, and the
Report and Recommendation, this court finds the Magistrate Judge’s recommendation
fairly and accurately summarizes the facts and applies the correct principles of law. The
court therefore adopts the Magistrate Judge’s recommendation that default judgment be
entered against Defendant Wing Shack and that the Wing Shack be found liable for
willful violation of 47 U.S.C. § 605. The court slightly modifies the recommended
judgment against the Wing Shack and awards the following amounts:

1

The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local
Civil Rule 73.02. The Magistrate Judge makes only a recommendation to this court. The
recommendation has no presumptive weight, and the responsibility to make a final determination
remains with the court. Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with
making a de novo determination of those portions of the Report and Recommendation to which
specific objection is made, and the court may accept, reject, or modify, in whole or in part, the
recommendation of the Magistrate Judge, or recommit the matter to the Magistrate Judge with
instructions. See 28 U.S.C. § 636(b)(1).
2

Costs

$450

Attorneys’ Fees

$1,978.75

Statutory Damages

$1,200

Enhanced Damages (4 x statutory damages)

$4,800

Total Recommended Monetary Award

$8,428.75

Accordingly, the total monetary award is $8,428.75 ($6,000 damages, plus
$2,428.75 in costs and fees).
IT IS SO ORDERED.

July 1, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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