J & J Sports Productions, Inc. v. Lesly Restaurant Inc. et al

Filing 17

ORDER- the Report and Recommendation is ADOPTED and plaintiff's Motion for Default Judgment 9 is GRANTED IN PART and DENIED IN PART, and it is hereby ORDERED that default judgment be entered against defendant Lesly Restaurant in the amount of $17,426.77. The Clerk is directed to enter judgment in this matter pursuant to Fed. R. Civ. P. 55 (see Order for details) Signed by District Judge Leonie M. Brinkema on 10/20/2016. (dest )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

J ifeJ SPORTS PRODUCTIONS, INC.,

Plaintiff,

l:16-cv-620 (LMB/TCB)

V.

LESLY RESTAURANT INC., d/b/a
LESLY RESTAURANT BAR & GRILL, etal..
Defendants.
ORDER

Before the Court is a Report and Recommendation ("Report") issued by a magistrate judge
on September 28,2016 [Dkt. 15], which recommended that default judgment be entered against
defendant Lesly Restaurant, doing business as Lesly Restaurant Bar & Grill ("Lesly" or

"defendant").^ Report at 17. Although plaintiff originally requested $110,000 in statutory and
enhanced statutory damages, in addition to reasonable attorney's fees and costs, the magistrate

judge has recommended only $17,426.77. Id. The parties were advised that any objections to
the Report had to be filed within 14 days and that failure to file a timely objection waived the right
to appeal the substance ofthe Report and any judgment based upon the Report. Id. at 18. As of

October 20,2016, no party has filed an objection. The Court has reviewed the Report, plaintiffs
motion for default judgment, and the case file and adopts the Report.
The magistrate judge correctly determined that the Court has subject matter jurisdiction
under 28 U.S.C. § 1331 because this civil action involves a federal question arising under the
Commimications Act of 1934, as amended, 47 U.S.C. §§ 553,605. Report at 2. The magistrate

^ "Plaintiffalso named a John Doe defendant inthe complaint, but does not seek default judgment
against that defendant." Report at 1 n.1.