Broadcast Music, Inc. et al v. Marler et al.

Filing 13

ORDER adopting 12 Report and Recommendations. Signed by District Judge Harry S Mattice, Jr on 11/12/09. (PCS)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA BROADCAST MUSIC, INC., TARADAM ) MUSIC, INC., STEPHANIE NICKS, an ) individual d/b/a WELSH WITCH MUSIC, ) MICHAEL BALZARY, JOHN ANTHONY ) FRUSCIANTE, ANTHONY KIEDIS and ) CHAD GAYLORD SMITH, a partnership ) d/b/a MOEBETOBLAME MUSIC, ) UNIVERSAL - CHAMPION MUSIC ) CORPORATION, ROSANNE CASH, an ) individual d/b/a MONSTER BEACH ) MUSIC, ATLANTIC MUSIC CORP., ) SONGS OF UNIVERSAL, INC., GET ) LOOSE MUSIC, INC., SONY/ATV SONGS ) LLC d/b/a SONY/ATV ACUFF ROSE ) MUSIC, HUSKY MUSIC, INC., BRADLEY ) KIRK ARNOLD, ROBERT TODD ) HARRELL, MATTHEW DARRICK ) ROBERTS and CHRISTOPHER LEE ) HENDERSON, a partnership d/b/a ) ESCATAW PA SONGS, JEFFREY R. ) HANNA, an individual d/b/a JEFF DIGGS ) MUSIC, CAREERS-BMG MUSIC ) PUBLISHING, INC., UNIVERSAL MUSIC ) MGB NA LLC d/b/a UNIVERSAL MUSIC ) CAREERS, WINDSWEPT HOLDINGS LLC) d/b/a SONGS OF WINDSWEPT PACIFIC, ) THORTCH LLC d/b/a SONGS OF ) THORTCH, JAMES E. RITCHEY, an ) individual d/b/a FOX RIDGE MUSIC, and ) JOSHUA RYAN OWEN, an individual ) d/b/a SHIITAKE MAKI MUSIC, ) ) Plaintiffs, ) ) v. ) ) NORMA MARLER and WALTER MARLER,) SR., both individually and d/b/a WALT'S ) KARAOKE CAFÉ, ) ) Defendants. )

Case No. 1:09-cv-193 Judge Mattice

ORDER Plaintiffs filed a Motion for Default Judgment against Defendants Norma Marler and W alter Marler, Sr., both individually and d/b/a Walt's Karaoke Café, on September 9, 2009. [Court Doc. 8.] The Court referred the Motion for Default Judgment to Magistrate Judge Susan K. Lee for a report and recommendation on Defendants' liability for the causes of action in Plaintiffs' complaint and the amount of damages, including attorney's fees and costs, due to the Plaintiffs as a result of Defendants' liability for such causes of action. [Court Doc. 9.] Magistrate Judge Lee filed her report and recommendation pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b) on October 26, 2009. [Court Doc. 12.] Neither party filed an objection within the given 10 days. After reviewing the record, the Court agrees with Magistrate Judge Lee's report and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Lee's findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b). A separate default judgment will enter. SO ORDERED this 12th day of November, 2009.

/s/Harry S. Mattice, Jr. HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE

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