Opinion
Civil Action No. 3:04-CV-1031-L.
August 20, 2008
ORDER
Before the court are the Amended Findings, Conclusion, and Recommendation of the United States Magistrate Judge, filed July 23, 2008. No objections were filed.
The magistrate judge recommends that the court deny Defendants' Motion for Attorney's Fees, filed March 5, 2008. The magistrate judge, considering the factors set forth in Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994), determined that Plaintiff's claims in this case were objectively reasonable and that an award of attorney's fees to Defendants would not deter frivolous or unreasonable litigation. The court must consider the Fogerty factors when determining whether to award attorney's fees pursuant to the Copyright Act, 17 U.S.C. § 505. Virgin Records America, Inc. v. Thompson, 512 F.3d 724, 726-27 (5th Cir.), cert. denied, 128 S.Ct. 2096 (2008); see also Galiano v. Harrah's Operating Co., 416 F.3d 411, 423 (5th Cir. 2005).
Having reviewed the briefing, file, and record in this case, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions are correct. The magistrate judge's findings and conclusions are therefore accepted as those of the court. The court denies Defendants' Motion for Attorney's Fees.