PAAKline, LLC v. Dongguan Airuise Trading Co., Ltd., et al.

Filing 74

ORDER ADOPTING 72 Report and Recommendation and GRANTING 69 Motion for Default Judgment against Defendant 2, Defendant 3, Defendant 4, Defendant 5, Defendant 6, Defendant 7, Defendant 8, Defendant 9, Defendant 10, Defend ant 11, Defendant 12, Defendant 14, Defendant 15, Defendant 16, Defendant 18, Defendant 19, Defendant 20, Defendant 22, Defendant 23, Defendant 25, Defendant 26, Defendant 27, Defendant 28, Defendant 29, Defendant 30, Defe ndant 32, Defendant 34, Defendant 35, Defendant 36, Defendant 37, Defendant 38, Defendant 39, Defendant 40, Defendant 41, Defendant 43, Defendant 44, Defendant 45, Defendant 46, Defendant 47, Defendant 48, Defendant 49, Defendant 50, Defendant 51, Defendant 52, Defendant 53, Defendant 54, Defendant 55, Defendant 56, Defendant 57, Defendant 58, Defendant 60, Defendant 61, Defendant 62, Defendant 63, Defendant 64, Defendant 65, Defendant 66, Defendant 67, Defendant 68, Defendant 69, Defendant 70, Defendant 71, Defendant 72, Defendant 73, Defendant 74, Defendant 75, Defendant 76, Defendant 77, Defendant 78, Defendant 79, Defendant 80, Defendant 83, Defend ant 85, Defendant 86, Defendant 89, Defendant 90, Defendant 94, Defendant 96, Defendant 97, Defendant 98, Defendant 1, Defendant 100, Defendant 101, Defendant 104, Defendant 105, Defendant 107, Defendant 108, Defendant 109, Defe ndant 111, Defendant 115,Defendant 116, Defendant 119, Defendant 120, Defendant 122, Defendant 123, Defendant 124, Defendant 127, Defendant 129, Defendant 130, Defendant 131, Defendant 132, Defendant 135, Defendant 136, Defendant 137, De fendant 138, Defendant 141, Defendant 143, Defendant 145, Defendant 147, Defendant 151, Defendant 152, Sealed Defendant 153, Defendant 156, Defendant 176, Defendant 177, Sealed Defendant 178, Sealed Defendant 179, Sealed Defendant 181, Seale d Defendant 182, Sealed Defendant 187, Sealed Defendant 188, Sealed Defendant 191, Sealed Defendant 192, Sealed Defendant 193 Sealed Defendant 4, Sealed Defendant 5, Sealed Defendant 6, Sealed Defendant 7, Sealed Defendant 8, Sealed Defenda nt 9, Sealed Defendant 10, Sealed Defendant 11, Sealed Defendant 12, Sealed Defendant 14, Sealed Defendant 15, Sealed Defendant 16, Sealed Defendant 18, Sealed Defendant 19, Sealed Defendant 20, Sealed Defendant 22, Sealed Defendant 23, Sealed Defendant 25, Sealed Defendant 26, Sealed Defendant 27, Sealed Defendant 28, Sealed Defendant 29, Sealed Defendant 30, Sealed Defendant 32, Sealed Defendant 34, Sealed Defendant 35, Sealed Defendant 36, Sealed Defendant 37, Sealed D efendant 38, Sealed Defendant 39, Sealed Defendant 40, Sealed Defendant 41, Sealed Defendant 43, Sealed Defendant 44, Sealed Defendant 45, Sealed Defendant 46, Sealed Defendant 47, Sealed Defendant 48, Sealed Defendant 49, Sealed Defendant 50, Sealed Defendant 51, Sealed Defendant 52, Sealed Defendant 53, Sealed Defendant 54, Sealed Defendant 55, Sealed Defendant 56, Sealed Defendant 57, Sealed Defendant 58, Sealed Defendant 60, Sealed Defendant 61, Sealed Defendant 62, Se aled Defendant 63, Sealed Defendant 64, Sealed Defendant 65, Sealed Defendant 66, Sealed Defendant 67, Sealed Defendant 68, Sealed Defendant 69, Sealed Defendant 70, Sealed Defendant 71, Sealed Defendant 72, Sealed Defendant 73, Sealed Def endant 74, Sealed Defendant 75, Sealed Defendant 76, Sealed Defendant 77, Sealed Defendant 78, Sealed Defendant 79, Sealed Defendant 80, Sealed Defendant 83, Sealed Defendant 85, Sealed Defendant 86, Sealed Defendant 89, Sealed Defendant 90, Sealed Defendant 94, Sealed Defendant 96, Sealed Defendant 97, Sealed Defendant 98, Sealed Defendant 1, Sealed Defendant 100, Sealed Defendant 101, Sealed Defendant 104, Sealed Defendant 105, Sealed Defendant 107, Sealed Defendant 108, Sealed Defendant 109, Sealed Defendant 111, Sealed Defendant 115, Sealed Defendant 116, Sealed Defendant 119, Sealed Defendant 120, Sealed Defendant 122, Sealed Defendant 123, Sealed Defendant 124, Sealed Defendant 127, Sealed Defendant 129, Sealed Defenda nt 130, Sealed Defendant 131, Sealed Defendant 132, Sealed Defendant 135, Sealed Defendant 136, Sealed Defendant 137, Sealed Defendant 138, Sealed Defendant 141, Sealed Defendant 143, Sealed Defendant 145, Sealed Defendant 147, Sealed Defendant 151, Sealed Defendant 152, Sealed Defendant 153, Sealed Defendant 156, Sealed Defendant 176, Sealed Defendant 177, Sealed Defendant 178, Sealed Defendant 179, Sealed Defendant 181, Sealed Defendant 182, Sealed Defendant 187, Sealed Defendant 188, Sealed Defendant 191, Sealed Defendant 192, Sealed Defendant 193, Sealed Defendant 2 and Sealed Defendant 3. Signed by Judge Robert Pitman. (jv2)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
PAAKLINE, LLC,
Plaintiff,
v.
THE INDIVIDUALS, PARTNERSHIPS,
AND UNINCORPORATED
ASSOCIATIONS IDENTIFIED ON
SCHEDULE “A”,
Defendants.

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1:22-CV-1082-DII

ORDER
Before the Court is the report and recommendation from United States Magistrate Judge
Susan Hightower concerning Plaintiff PAAKline, LLC’s (“Plaintiff”) Motion for Default Judgment
against Defendants identified on Schedule A to the Complaint numbered 1 to 12, 14 to 16, 18 to 20,
22, 23, 25 to 30, 32, 34 to 41, 43 to 80, 83, 85, 86, 89, 90, 94, 96 to 98, 100, 101, 104, 105, 107 to
109, 111, 112, 115, 116, 119, 120, 122 to 124, 127, 129 to 132, 135 to 138, 141 to 145, 147, 151 to
153, 156, 176 to 179, 181, 182, 187, 188, and 191 to 1931 (collectively, “Defaulting Defendants”),
(Dkt. 69). (R. & R., Dkt. 72). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the
Local Rules of the United States District Court for the Western District of Texas, Judge Hightower
issued her report and recommendation on October 24, 2023. (Id.). As of the date of this order, no
party has filed objections to the report and recommendation.
Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a
magistrate judge’s proposed findings and recommendations within fourteen days after being served
with a copy of the report and recommendation and, in doing so, secure de novo review by the

Plaintiff voluntarily dismissed Defendants 59, 112, 142, and 144 after it filed its Motion. (Dkts. 70, 71). Defendants 59,
112, 142, and 144 are therefore not Defaulting Defendants.
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district court. When no objections are timely filed, a district court can review the magistrate’s report
and recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no
timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the
face of the record in order to accept the recommendation.”).
Because no party has filed timely objections, the Court reviews the report and
recommendation for clear error. Having done so and finding no clear error, the Court accepts and
adopts the report and recommendation as its own order.
Accordingly, the Court ORDERS that the Report and Recommendation of the United
States Magistrate Judge, (Dkt. 72), is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s motion for default judgment, (Dkt. 69), is
GRANTED. Plaintiff is entitled to statutory damages in the amount of $20,000 from Defendant 77,
Antizen; statutory damages in the amount of $1,000 for each infringed work against each Defaulting
Defendant; attorneys’ fees in the amount of $49,132.50 from Defaulting Defendants; $402 in costs
from Defaulting Defendants; and a permanent injunction against Defaulting Defendants.
The Court will enter its final judgment in a separate order. To assist the Court in entering its
final judgment, IT IS FINALLY ORDERED that Plaintiff file a proposed final judgment detailing
the statutory damages that it is entitled from each Defaulting Defendant, at the rate of $1,000 for
each infringed work. Plaintiff shall file its proposed final judgment on or before December 5, 2023.

SIGNED on November 14, 2023.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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