Opinion
Civil Action No. 99-CV-12053-RCL
August 21, 2001
ORDER ON MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON DEFENDANT INSIGHT'S MOTION FOR SUMMARY JUDGMENT
Before the court is the motion of the defendant, Insight Telecommunications, Inc. ("Insight"), for summary judgment based on the "passive carrier" exemption from copyright liability, codified at 17 U.S.C. § 11l(a)(3). The motion for summary judgment and accompanying papers were referred to Magistrate Judge Lawrence P. Cohen. On June 14, 2001, Magistrate Judge Cohen issued his report and recommendation, in which he recommended that Insight's motion be allowed. The plaintiff, National Football League (the "NFL"), submitted a timely objection to the report and recommendation, to which Insight responded. Upon consideration of the report and recommendation and the responses thereto, I accept the recommendation of the magistrate judge that Insight's motion for summary judgment be granted.
On a related matter, the NFL maintains that the magistrate judge's refusal to allow additional discovery on the "passive carrier" defense was erroneous and renders summary judgment for Insight inappropriate. The NFL's failure to object in a timely fashion to the magistrate judge's ruling on the NFL's motion for additional discovery precludes the court from reconsideration of that ruling. Lee Fed.R.Civ.P. 72(a).
The motion of Insight for summary judgment is ALLOWED. The clerk shall enter judgment for the defendant.