DISH Network LLC et al v. Simmons

Filing 27

ORDER accepting and adopting 26 Report and Recommendations. Plaintiffs request for Default Judgment [Doc. 13] is GRANTED; DISH Network is awarded statutory damages of $140,000.00 for Defendants fifty-six (56) DMCA violations. Signed by District Judge Harry S Mattice, Jr on 7/30/2018. (AML, ) Mailed to James Simmons

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
DISH NETWORK L.L.C., et al.,
Plaintiffs,
v.
JAMES SIMMONS,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 4:17-cv-53
Judge Mattice
Magistrate Judge Steger

ORDER
On December 12, 2017, the Clerk of the Court entered default against Defendant James
Simmons. [Doc. 12]. On December 20, 2017, Plaintiffs entered a Motion for Default Judgment
against Defendant, which was referred to Magistrate Judge Steger for a report and
recommendation. On June 28, 2018, United States Magistrate Judge Christopher H. Steger filed
his Report and Recommendation, [Doc. 26], pursuant to 28 U.S.C. § 636(b)(1). Magistrate
Judge Steger recommended that (1) Plaintiffs’ Motion for Default Judgment [Doc. 13] be
GRANTED, and a judgment be entered in favor of Plaintiffs’ for Defendant’s violation of the
Digital Millennium Copyright Act (DMCA), 17 U.S.C.§ 1201(a)(2); (2) that DISH Network be
awarded statutory damages of $2,500 for each DMCA violation, which the Magistrate Judge
found Defendant committed 56 such violations, totaling to $140,000.00 in damages; and (3)
that a permanent injunction be entered against Defendant.
The Parties have filed no objections to the Magistrate Judge’s Report and
Recommendation.1 Nevertheless, the Court has conducted a review of the Report and

Magistrate Judge Steger specifically advised the Parties that they had 14 days in which to object to the
Report and Recommendation and that failure to do so would waive their right to appeal. [Doc. 26 at 18
n.9); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t
does not appear that Congress intended to require district court review of a magistrate’s factual or legal
conclusions, under a de novo or any other standard, when neither party objects to those findings”). Even
taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in
which the Parties could timely file any objections has now expired.
1

Recommendation, as well as the record, and it agrees with Magistrate Judge Steger’s wellreasoned conclusions.
Accordingly,


The Court hereby ACCEPTS and ADOPTS Magistrate Judge Steger’s findings
of fact, conclusions of law, and recommendations, [Doc. 26], pursuant to 28
U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b);



Plaintiffs’ request for Default Judgment [Doc. 13] is GRANTED;



DISH Network is awarded statutory damages of $140.000.00 for Defendant’s
fifty-six (56) DMCA violations; AND



Defendant James Simmons is permanently enjoined from:
• manufacturing, importing, offering to the public, providing, or
otherwise trafficking in IKS Server Passcodes, any other code or
password used in accessing an IKS server, and any other
technology or part thereof that is used in circumventing DISH
Network's security system or receiving DISH Network
programming without authorization;
• circumventing or assisting others in circumventing the DISH
Network security system, or receiving or assisting others in
receiving DISH Network's satellite signal without authorization;
and
• testing, analyzing, reverse engineering, manipulating, or
extracting code, data, or information from DISH Network's
satellite receivers, smart cards, satellite stream, or any other part
or component of the DISH Network security system.

[Doc. 26 at 17].
A separate judgment will enter.

SO ORDERED this 30th day of July, 2018.

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

2