Slep Tone Entertainment Corporation v. Kelly et al

Filing 133

ORDER RULING ON REPORT AND RECOMMENDATION adopting 129 Report and Recommendation, dismissing defendant Linda Y. Love dba Red Eyed Karaoke; dismissing plaintiff's claims against defendant Shelly Omeara dba DJ Shelly. Signed by Honorable Mary G Lewis on 9/11/14. (alew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Slep-Tone Entertainment Corporation,
Plaintiff,
v.
Jeremy Kelly d/b/a DJ Slinky d/b/a Kelly
Entertainment; Linda Y. Love d/b/a Red Eyed
Karaoke; Shelly Omeara d/b/a DJ Shelly; and
Shooter’s Grill & Pub, Inc.,
Defendants.
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Civil Action No.: 3:13-2071-MGL

OPINION AND ORDER

Plaintiff Slep-Tone Entertainment Corporation (“Plaintiff”) brought this action against the
named defendants alleging claims of trademark infringement, unfair competition, and violation of
the South Carolina Unfair Trade Practices Act. (ECF No. 1.) The matter is before the Court for
review of the Report and Recommendation of the United States Magistrate Judge recommending
that Defendant Linda Y. Love d/b/a Red Eyed Karaoke be dismissed as a party to this action and that
Plaintiff’s claims against Defendant Shelly Omeara d/b/a DJ Shelly be dismissed with prejudice.
The August 22, 2014 Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule
73.02 for the District of South Carolina. (ECF No. 129.)
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with this Court.
See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C.
§ 636(b)(1). The Court may also receive further evidence or recommit the matter to the Magistrate
Judge with instructions. Id. The Court is charged with making a de novo determination of those
portions of the Report and Recommendation to which specific objections are made.

The parties were advised of their right to file objections to the Report and Recommendation.
(ECF No. 129 at 3.) No objections were filed, and the time for doing so expired on September 8,
2014. In the absence of a timely filed objection, a district court need not conduct a de novo review,
but instead must “only satisfy itself that there is no clear error on the face of the record in order to
accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir.
2005).
After a careful review of the record, the applicable law, and the Report and
Recommendation, the Court adopts the Report. Therefore, Defendant Linda Y. Love d/b/a Red
Eyed Karaoke is dismissed as a party to this action as Plaintiff has filed a new, separate civil action
against that defendant, C/A No. 3:14-3386-MGL. Further, because Plaintiff has not pursued a new
civil action against Defendant Shelly Omeara d/b/a DJ Shelly in accordance with this Court’s
previous order, Plaintiff’s claims against Defendant Omeara are hereby dismissed with prejudice.

IT IS SO ORDERED.
s/Mary G. Lewis
United States District Judge
September 11, 2014
Spartanburg, South Carolina