Summary
noting “attorneys' fees and costs have been awarded where a party's copyright claim ‘was neither frivolous nor instituted in bad faith,' but was simply ‘objectively weak'”
Summary of this case from Lynwood Invs. CY v. KonovalovOpinion
No. C 12-06575 JSW
02-12-2015
INTEGRAL DEVELOPMENT CORPORATION, Plaintiff, v. VIRAL TOLAT, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DE NOVO MOTION FOR ATTORNEYS' FEES AND COSTS
This matter comes before the Court upon consideration of the Report and Recommendation ("Report") issued by Magistrate Judge Laurel Beeler, in which she recommends that the Court deny Defendant Viral Tolat's motion for attorneys' fees and costs. On December 26, 2014, Defendant filed objections to the Report and a motion for de novo determination of fees.
Pursuant to Civil Local Rule 7-1(b), the Court finds that the motion noticed for hearing on Friday, February 27, 2015 at 9:00 a.m., is appropriate for decision without oral argument. Accordingly, the hearing date is hereby VACATED. Having considered the Report, the parties' papers, relevant legal authority, the record in this case, and having reviewed the matter de novo, the Court finds the Report thorough and well-reasoned and adopts it in every respect. Accordingly, Defendant's motion for attorneys' fees and costs is DENIED.
In addition, Defendant's administrative motion to augment the record is GRANTED and Plaintiff's request to further supplement the record is GRANTED.
IT IS SO ORDERED. Dated: February 12, 2015
/s/_________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE