UMG RECORDINGS, INC. v. BOUDREAUX

Full title: UMG RECORDINGS, INC., a Delaware corporation; ATLANTIC RECORDING…

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Feb 13, 2008

3:07cv201/MCR/MD (N.D. Fla. Feb. 13, 2008)

Opinion

3:07cv201/MCR/MD.

February 13, 2008

REPORT AND RECOMMENDATION

MILES DAVIS, Magistrate Judge

This matter is before the court upon plaintiff's motion for default judgment and supporting affidavit. (Doc. 17). Defendant, against whom default has already been entered, was directed to show cause why default judgment should not be entered against him. (Doc. 18). He has failed to respond. Good cause having been shown, for the reasons set forth in the plaintiff's motion, default judgment should be granted, as requested.

Accordingly, it is respectfully RECOMMENDED:

1. The plaintiff's motion for default judgment (doc. 17) be GRANTED.

2. Default judgment be entered in favor of the plaintiff and against the defendant for statutory damages in the amount of $7,500.00 and costs in the amount of $420.00, for a total of $7,920.00.

3. The following injunction be entered:

Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law in the Copyrighted Recordings and any sound recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate record label of Plaintiffs) ("Plaintiffs' Recordings"), including without limitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' Recordings, to distribute (i.e., upload) any of Plaintiffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant has downloaded onto any computer hard drive or server without Plaintiffs' authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control.

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy hereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of any objections shall be served upon any other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11^th Cir. 1988).