Summary
In Thompsons Film, LLC v. Velez, No. 6:13-cv-671-Orl-36TBS, 2014 WL 3721288, at * 8 (M.D. Fla. July 28, 2014), a judge in this Division of the Court recently found $300.00 per hour was reasonable in a copyright infringement case for the work of a partner admitted to practice law in 1989 and that $225.00 per hour was reasonable for the work of an associate in the case in the absence of objection.
Summary of this case from BWP Media U.S. Inc. v. A.R. Commc'ns, LLCOpinion
Case No: 6:13-cv-671-Orl-36TBS
07-28-2014
THE THOMPSONS FILM, LLC, Plaintiff, v. RAMSES VELEZ a/k/a DOE 57, Defendant.
ORDER
This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Thomas B. Smith on June 5, 2014 (Doc. 18). In the Report and Recommendation, Judge Smith recommends that the Court:
1. GRANT The Thompsons Film, LLC's Motion for Default Judgment (Doc. 16).
2. ENTER a permanent injunction against Defendant Ramses Velez and enjoin him from directly or indirectly infringing Plaintiff's rights in The Thompsons. This includes use of the internet to reproduce or copy The Thompsons, to distribute The Thompsons, or to make The Thompsons available for distribution to the public, except pursuant to a lawful license or with the express authority of The Thompsons Film, LLC. It would also require Defendant to destroy all illegally downloaded copies of The Thompsons on any computer hard drive or server without and any copy of the motion picture transferred onto any physical medium or device in his possession custody, or control.
3. GRANT The Thompsons Film, LLC's request for statutory damages to the extent provided herein and impose statutory damages in the amount of $6,000 against Defendant.
4. GRANT The Thompsons Film, LLC's request for attorneys' fees and costs to the extent provided herein and require Defendant to pay The Thompsons Film, LLC $1,320 in attorneys' fees and $524 in costs.
All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now
ORDERED AND ADJUDGED:
(1) The Report and Recommendation of the Magistrate Judge (Doc. 18) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review.
(2) The Thompsons Film, LLC's Motion for Default Judgment (Doc. 16) is GRANTED, in part and DENIED, in part.
(3) The Thompsons Film, LLC's request for statutory damages is GRANTED. Plaintiff is awarded $6,000 in statutory damages against Defendant.
(4) Finding the hourly rate and hours expended to be reasonable, The Thompsons Film, LLC's request for attorneys' fees and costs is GRANTED. Plaintiff is awarded $1,320 in attorneys' fees and $524 in costs against Defendant.
(5) Plaintiff's Motion for Entry of Final Default Judgment And Permanent Injunction (Doc. 16) is denied in all other respects.
(6) A final judgment and permanent injunction will be entered by separate order.
DONE AND ORDERED at Tampa, Florida on July 28, 2014.
/s/_________
Charlene Edwards Honeywell
United States District Judge Copies to:
The Honorable Thomas B. Smith
Counsel of Record