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Killer Joe Nevada, LLC v. Radeljan

United States District Court, D. Colorado

April 22, 2014

KILLER JOE NEVADA, LLC, a California Limited Liability Company, Plaintiff,
v.
CEDRIC RADELJAN, Defendant.

ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

WILEY Y. DANIEL, Senior District Judge.

THIS MATTER is before the Court on Plaintiff's Motion for Entry of Default Judgment against Defendant Cedric Radeljan (ECF No. 54). In his Recommendation, Magistrate Judge Hegarty recommends that the pending motion be granted in part and denied in part. (Recommendation at 1, 16). The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b).

Magistrate Judge Hegarty advised the parties that written objections were due within fourteen (14) days after service of a copy of the Recommendation. (Recommendation at 1). Despite this advisement, no objections were filed to the Recommendation. No objections having been filed, I am vested with discretion to review the Recommendation "under any standard [I] deem[] appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings"). Nonetheless, though not required to do so, I review the Recommendation to "satisfy [my]self that there is no clear error on the face of the record."[1] See Fed.R.Civ.P. 72(b) Advisory Committee Notes.

Having reviewed the Recommendation, I am satisfied that there is no clear error on the face of the record. I find that Magistrate Judge Hegarty's Recommendation is thorough, well reasoned and sound. I agree with Magistrate Judge Hegarty that the pending motion should be granted in part and denied in part for the reasons stated in both the Recommendation and this Order.

Based on the foregoing, it is

ORDERED that the Recommendation of United States Magistrate Judge Hegarty (ECF No. 60) is AFFIRMED and ADOPTED. In accordance therewith, it is

FURTHER ORDERED that Plaintiff's Motion for Entry of Default Judgment against Defendant Cedric Radeljan (ECF No. 54) is DENIED IN PART AND GRANTED IN PART as follows:

1. Judgment shall enter in Plaintiff's favor against Defendant Radeljan for direct copyright infringement of the Plaintiff's copyrighted Motion Picture, as set forth in Count I of the Second Amended Complaint;

2. Defendant Radeljan shall pay to Plaintiff the sum of $4, 500.00 in statutory damages, as authorized by 17 U.S.C. § 504(c)(1), and $3, 039.70 for attorney's fees and costs as authorized by 17 U.S.C. § 505;

3. Defendant Radeljan shall remove and permanently delete all torrent files relating to, and copies of, Plaintiff's copyrighted Motion Picture made or used by him in violation of Plaintiff's exclusive rights, as well as all masters in their possession, custody or control from which such copies may be reproduced; and

4. Plaintiff's request to permanently enjoin Defendant from continuing to infringe Plaintiff's copyrighted Motion Picture is DENIED.


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