Microsoft Corporation v. Does 1-18

Filing 67

ORDER. The factual findings and legal reasoning in the Report and Recommendation are adopted by this Court as its own. Accordingly, plaintiff's Motion for Default Judgment and Permanent Injunction [Dkt. No. 60] is GRANTED, and it is hereby ORD ERED that default judgment be and is entered in plaintiff's favor against defendant Dmitry Chupakhin, and it is further ORDERED that plaintiff's Proposed Order [Dkt. No. 62-1] be and is ENTERED as the Injunction Order; and it is further ORDERED that plaintiff mail copies of this Order and the Injunction Order to each of the domain and subdomain providers identified in Appendix A. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 4/2/14. (nhall)

IN THE

UNITED

STATES DISTRICT

EASTERN

DISTRICT

OF

COURT

FOR THE

VIRGINIA

L E|

p

Alexandria Division

APR-2»

r

MICROSOFT CORPORATION,

CLERK, U.S. DISTRICT COURT

Plaintiff,

ALEXANDRIA. VIRGINIA

l:13cvl39 (LMB/TCB)

v.

JOHN DOES 1-18,

et al. ,

Defendants.

ORDER

On October 24, 2013,

plaintiff filed a Motion for Default

Judgment and Permanent Injunction [Dkt. No.

60],

in which it asks

the Court to enter default judgment against defendant Dmitry
Chupakhin and permanently enjoin him from operating a computer
"botnet" that has caused injury to plaintiff, its customers, and the

public.

On January 6, 2014, a magistrate judge issued a Report and

Recommendation recommending that default judgment be entered against
Chupakhin and that the Court grant the relief requested in
plaintiff's Proposed Order [Dkt. No. 62-1].

The Report and Recommendation explicitly advised the parties

that any objections had to be filed within fourteen (14) days of its
service, in accordance with 28 U.S.C. § 636 and Fed. R. Civ. P. 72(b),

and that a failure to file timely objections would waive appellate
review of any judgment entered on the basis of the recommendations

contained therein.

it

As of April 1, 2014, no objections to the Report

and Recommendation have been filed.

Having carefully reviewed the Report and Recommendation, the

Court finds that it is accurate in all material respects.

The

factual findings and legal reasoning in the Report and Recommendation
are adopted by this Court as its own.

Accordingly, plaintiff's

Motion for Default Judgment and Permanent Injunction [Dkt. No. 60]

is GRANTED, and it is hereby
ORDERED that default judgment be and is entered in plaintiff's
favor against defendant Dmitry Chupakhin; and it is further
ORDERED that plaintiff's Proposed Order [Dkt. No. 62-1] be and

is ENTERED as the Injunction Order; and it is further
ORDERED that plaintiff mail copies of this Order and the

Injunction Order to each of the domain and subdomain providers
identified in Appendix A.

The Clerk is directed to enter final judgment in plaintiff's
favor pursuant to Fed. R. Civ. P. 55 and to forward copies of this
Order and the Injunction Order to counsel of record.

Entered this ^

day of April, 2014.

Alexandria, Virginia

M

Leonie M. Brinker

United States District Judge

-.'fr