J&J Sports Productions Inc v. J&R Social Club Inc et al

Filing 52

ORDER RULING ON REPORT AND RECOMMENDATION adopts 47 Report and Recommendation. Accordingly Plaintiff's 46 Motion for Default Judgment is GRANTED in part as set out. Judgment by default is entered in favor of Plaintiff and against Defendants J & R Social Club, Inc. d/b/a Silvermoon Sports Lounge; Jennyfer BenzantRodriquez a/k/a Jennifer Benzant; and Ashley Simmons only. Signed by Honorable Donald C Coggins, Jr on 10/17/2018. (gpre, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
J&J Sports Productions, Inc.,

)
)
Plaintiff,
)
)
v.
)
)
J & R Social Club, Inc. d/b/a
)
Silvermoon Sports Lounge; Jennyfer
)
Benzant Rodrigues a/k/a Jennifer
)
Benzant; Carrie Palfrey a/k/a Carrie
)
Springs; Ashley Simmons,
)
)
Defendants.
)
________________________________ )

Case No. 8:17-2414-DCC

ORDER

This matter is before the Court on Plaintiff’s Motion for Default Judgment as to
Defendants J & R Social Club, Inc. d/b/a Silvermoon Sports Lounge; Jennyfer Benzant
Rodriquez a/k/a Jennifer Benzant; and Ashley Simmons.

ECF No. 46.

Defendant

Carrie Pelfrey a/k/a Carrie Springs is proceeding pro se. In accordance with 28 U.S.C.
§636(b) and Local Civil Rule 73.02(B)(2), (D.S.C.), this matter was referred to United
States Magistrate Judge Kevin F. McDonald for pre-trial proceedings and a Report and
Recommendation (“Report”). On September 7, 2018, the Magistrate Judge issued a
Report recommending that the Motion for Default Judgment be granted in part. ECF
No. 47. No party has filed objections to the Report, and the time to do so has lapsed.
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. See Mathews v. Weber, 423 U.S. 261 (1976).

The Court is charged with making a de novo determination of any portion of the Report
of the Magistrate Judge to which a specific objection is made. The Court may accept,
reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge
or recommit the matter to the Magistrate Judge with instructions. See U.S.C. § 636(b).
The Court will review the Report only for clear error in the absence of an objection. See
Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating
that “in the absence of 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.” (citation omitted)).
After considering the record in this case, the applicable law, and the Report of
the Magistrate Judge, the Court finds no clear error and agrees with the
recommendation of the Magistrate Judge. Accordingly, Plaintiff’s Motion for Default
Judgment [46] is GRANTED in part as follows:
1. Judgment by default is entered in favor of Plaintiff and against Defendants J &
R Social Club, Inc. d/b/a Silvermoon Sports Lounge; Jennyfer Benzant
Rodriquez a/k/a Jennifer Benzant; and Ashley Simmons.
2. Plaintiff

is

awarded

statutory

damages

pursuant

to

47

U.S.C.

§

605(e)(3)(C)(i)(II) from these defendants in the amount of $5,000.
3. Because the actions of these Defendants were willful and for purposes of
direct or indirect commercial advantage or private financial gain, Plaintiff is
awarded additional damages pursuant to 47 U.S.C. § 605(e)(3)(C)(ii) from
these Defendants in the amount of $2,500.00.
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4. Plaintiff is awarded attorney’s fees pursuant to 47 U.S.C. § 605(e)(3)(B)(iii)
from these Defendants in the amount of $1,500.00 in costs and the amount of
$1,242.18 relating to the prosecution of this matter.
5. A total default judgment of $10,242.18 is entered and awarded to Plaintiff
against Defendants J & R Social Club, Inc. d/b/a Silvermoon Sports Lounge;
Jennyfer Benzant Rodriquez a/k/a Jennifer Benzant; and Ashley Simmons.
IT IS SO ORDERED.

October 17, 2018
Spartanburg, South Carolina

s/ Donald C. Coggins, Jr.
United States District Judge

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and
4 of the Federal Rules of Appellate Procedure.

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