XMission v. Trimble et al

Filing 53

ORDER adopting Report and Recommendation re 51 Report and Recommendation. The Court hereby (1) GRANTS Plaintiff's motion for default judgment and enters judgment against Defendants and in favor of Xmission in the amount of � 36;372,240.00 in damages; and (2) Enters and injunction against Defendants in this case, prohibiting Defendants from sending, or causing to be sent, any email messages to Xmission and its customers. Signed by Judge Dee Benson on 10/16/2018. (mas)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

XMISSION, L.C., a Utah company,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.

LANCE TRIMBLE, an individual and
VANGUARD INTERACTIVE MEDIA, an
expired Utah limited liability company,

Case No. 2:17-cv-13
Judge Dee Benson

Defendants.

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Dustin Pead on August 24, 2018, recommending (1) that Plaintiff’s motion for default
judgment be granted and entering judgment against Defendants and in favor of Xmission in the
amount of $372,240.00; and (2) that an injunction be entered prohibiting Defendants from
sending, or causing to be sent, any email messages to Xmission and its customers.
The parties were notified of their right to file objections to the Report and

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Recommendation within fourteen (14) days after receiving it. Neither party has filed such an
objection.
Having reviewed all relevant materials, including the reasoning set forth in the
Magistrate Judge’s Report and Recommendation, the Court ADOPTS the Report and
Recommendation. Accordingly, the Court hereby:
(1) GRANTS Plaintiff’s motion for default judgment and enters judgment against
Defendants and in favor of Xmission in the amount of $372,240.00 in damages; and
(2) Enters and injunction against Defendants in this case, prohibiting Defendants from
sending, or causing to be sent, any email messages to Xmission and its customers.
IT IS SO ORDERED.
Dated this 16th day of October, 2018.

__________________________________
Dee Benson
United States District Judge

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