CAPITOL RECORDS, INC. v. KAO

Full title: Capitol Records, Inc., et al., Plaintiffs, v. Charlie Kao, Defendant

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Apr 20, 2006

Civil Action No. 2:05-cv-275 (S.D. Ohio Apr. 20, 2006)

Opinion

Civil Action No. 2:05-cv-275.

April 20, 2006

ORDER

ALGENON MARBLEY, District Judge

Plaintiffs seek the minimum statutory damages of $750 per infringed work, as authorized under the Copyright Act, 17 U.S.C. § 504(c)(1). This matter is before the Court on plaintiffs' October 25, 2005 motion for default judgment (doc. 13). Defendant Charlie Kao was served with the summons and complaint on April 11, 2005. Defendant has failed to file an answer or otherwise respond to the complaint. The Clerk of Court entered default on August 22, 2005. Defendant Kao has not filed objections to Magistrate Judge Abel's November 14, 2005 Report and Recommendation that plaintiffs' motion for default judgment be granted.

Upon de novo review in accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), the Court ADOPTS the Report and Recommendation and GRANTS plaintiffs' motion for default judgment.

The Clerk of Court is DIRECTED to enter JUDGMENT for plaintiffs and against defendant Charlie Kao in the amount of $3,750.00 in statutory damages and $464.42 for Plaintiffs' costs. . Plaintiffs' request for an INJUNCTION is GRANTED. This action is hereby DISMISSED.