Opinion
6:23-cv-122-RBD-LHP
01-25-2024
PREPARED FOOD PHOTOS, INC., Plaintiff, v. MYRTLE BEACH VIP PARTY BUS, LLC, Defendant.
ORDER
ROY B. DALTON, JR, UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff's Renewed Motion for Default Final Judgment. (Doc. 27 (“Motion”).) On referral, U.S. Magistrate Judge Leslie Hoffman Price entered a Report and Recommendation stating that the Court should grant the Motion in part. (Doc. 30 (“R&R”).) The parties did not object and the time has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted.
Accordingly, it is ORDERED AND ADJUDGED:
1. The R&R (Doc. 30) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety.
2. Plaintiff's Motion (Doc. 27) is GRANTED IN PART AND DENIED IN PART:
a. The Motion is GRANTED in that that the Clerk is DIRECTED to enter default judgment in favor of Plaintiff and against Defendant in the following form:
i. Defendant Myrtle Beach VIP Party Bus, LLC and its employees, agents, officers, directors, attorneys, successors, affiliates, subsidiaries, vendors, and assigns, and all those in active concert and participation with Defendant, are PERMANENTLY ENJOINED from:
1. Directly or indirectly infringing Plaintiff Prepared Food Photos, Inc.'s copyright or continuing to market, offer, sell, dispose of, license, lease, transfer, publicly display, advertise, reproduce, develop, or manufacture any works derived or copied from Plaintiff's copyrighted photograph or to participate or assist in any such activity; and/or
2. Directly or indirectly reproducing, displaying, distributing, otherwise using, or retaining any copy, whether in physical or electronic form, of any copyrighted photograph owned by Plaintiff.
ii. Plaintiff is AWARDED a total of $23,976.00 in statutory damages for Defendant's violation of 17 U.S.C. § 501.
iii. Plaintiff is further AWARDED costs in the amount of $467.00.
iv. Plaintiff is further AWARDED attorney's fees in the amount of $2,430.00.
b. In all other respects, the Motion is DENIED.
3. Plaintiff is DIRECTED to serve copies of this Order, the R&R (Doc. 30), and the judgment once it is entered on Defendant at its last known address via certified U.S. Mail.
4. The Clerk is further DIRECTED to close the file.