Cooper v. Greenly Group for Solar Technologies, Ltd.

Filing 21

ORDER granting 11 Motion for Default Judgment; adopting 20 Report and Recommendations. It is hereby ORDERED that plaintiff's updated proposed judgment will be entered against the defendant. Signed by District Judge Leonie M. Brinkema on 04/18/2018. (dvanm, )

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

ELIZABETH COOPER,

Plaintiff,
l:17-cv-1313-LMB-MSN

V.

GREENLY GROUP FOR SOLAR

TECHNOLOGIES, LTD.,
Defendant.
ORDER

Before the Court is a Report and Recommendation ("Report") issued by a magistrate

judge on March 23,2018 [Dkt. No. 20], which recommended that a default declaratory judgment
be entered against the defendant Greenly Group for Solar Technologies, Ltd. ("defendant" or
"Greenly"). Report at 10-11. 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 of the Report and any judgment based upon the Report. Id. at 11-12. As of April 18,
2018, 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 in full.
The magistrate judge properly determined that the Court has subject matter jurisdiction
over this action under 28 U.S.C. § 1332(a)(2) because the parties are diverse and the amount in

controversy exceeds $75,000.' Id at4-5. This Court has personal jurisdiction over the defendant
under 28 U.S.C. § 293 because the defendant, a British Virgin Islands entity to which the patent

' On February 16,2018, themagistrate judge ordered plaintiff to supplement the record to demonstrate that the
patent rights in question are valued at more than $75,000 [Dkt. No. 16]. Report at 4. Plaintiff submitted the
declaration of Chris Toffales ("Toflfales") "an operating executive in engineering- and technology-intensive
businesses" and a mergers and acquisitions professional, who assessed the value of the technology and intellectual
property in United States Patent No. 8,449,940, titled "Deposition of High-Purity Silicon via High-Surface Area
Gas-Solid or Gas-Liquid Interfaces and Recovery via Liquid Phase," as at least in excess of $75,000. [Dkt. No. 19l]4-8.