J & J Sports Productions, Inc. v. Wing Bistro LLC et al

Filing 15

FINAL ORDER adopting and approving the 14 Report and Recommendation of the United States Magistrate Judge; granting 10 Motion for Default Judgment; directing the Clerk enter judgment for the Plaintiff. The court AWARDS $5,000 in statutory d amages, $10,000 in additional damages for willful violations, $2120 in attorney's fees, and $465.55 in costs to thePlaintiff. Signed by Chief District Judge Rebecca Beach Smith and filed on 12/18/2013. Copies mailed to the defendants through their registered agents and office as set forth on the Clerk's Mailing Certificate, which is on page 17 of the Reportand Recommendation filed November 21, 2013.(rsim, )

UNITED

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Newport News Division

J

& J SPORTS PRODUCTIONS,

INC.,

Plaintiff,
ACTION NO.

v.

4:13cv31

WING BISTRO LLC, and
THE WING SPOT CHICKEN & WAFFLES,

INC. ,

Defendants.

FINAL ORDER

This matter

for

Default

August 12,

comes before

Judgment

2013,

the

("Motion")

this

matter

court

on the

filed

was

on

Plaintiff's Motion

July

referred

23,

to

2013.

United

On

States

Magistrate Judge Tommy E. Miller, pursuant to the provisions of 28
U.S.C.

§ 636(b)(1)(B)

72(b),

to

conduct

necessary,
fact,

and

to

and

(C)

hearings,

submit

to

and

Federal

including

the

Rule

of Civil

evidentiary

Procedure

hearings,

undersigned proposed

findings

if

of

and recommendations for the disposition of the

if applicable,

Motions.

The Report and Recommendation was filed on November 21, 2013.
The

Magistrate

granted,

and

Judge

that

recommended

the

Plaintiff

damages pursuant to 47 U.S.C.
additional

damages

§ 605(e) (3) (C) (ii) ;

for
and

be

the

Plaintiff's

awarded

$5,000

in

Motion

be

statutory

§ 605(e) (3) (C) (i) (I)-(II) ; $10,000 in

willful
$2120

that

violations
in

pursuant

attorney's

fees

to

and

47

U.S.C.

$465.55

in

costs

pursuant

to

47

U.S.C. § 605 (e) (3) (B) (iii) . By

Report and Recommendation,

copy

of

the

the parties were advised of their right

to file written objections to the findings and recommendations made

by the Magistrate

Judge.

No objections have been filed by either

party, and the time to do so has passed.
The court,

having examined the Report and Recommendation does

hereby adopt and approve the findings and recommendations set forth
in the Report

Judge

filed

and Recommendation of the United States Magistrate

on

November

21,

2013.

Accordingly,

Motion for Default Judgment is GRANTED.

statutory

damages,

violations,

$10,000

in

$2120 in attorney's

Plaintiff's

The court AWARDS $5,000 in

additional
fees,

the

damages

and $465.55

for

willful

in costs to

the

Plaintiff.

The Clerk shall enter judgment for the Plaintiff,

and forward

a copy of this Final Order to counsel for the Plaintiff and to the
Defendants through their registered agents and office set forth on
the Clerk's Mailing Certificate,

which is on page 17 of the Report

and Recommendation filed November 21,
IT

IS

2013.

.

SO ORDERED.

tsL
Rebecca Beach Smith

,, .

Chief

--„

-fi©r

United States District Judge v^

REBECCA

BEACH

SMITH

CHIEF UNITED STATES

r\X), 2013
20j

December \n,

DISTRICT

JUDGE