Sadowski v. Tribuna Abierta, Inc.

Background

Christopher Sadowski, a photojournalist, brought a single copyright-infringement claim against Tribuna Abierta, Inc. He alleged that the defendant used his copyrighted photograph without authorization. Sadowski filed the action on January 13, 2023.

Tribuna Abierta failed to respond. On Sadowski’s motion, Judge Vernon S. Broderick entered a default judgment against the defendant as to liability on August 30, 2023. The court then referred the issue of damages to Magistrate Judge Robert H. Lehrburger for an inquest, meaning a proceeding to determine the amount owed after liability had been established.

Report and Recommendation

On April 16, 2024, Judge Lehrburger recommended that the court award Sadowski $7,200 in statutory damages, prejudgment interest at the rate specified in 28 U.S.C. § 1961 beginning when the action was filed, and $3,647.52 in attorneys’ fees and costs.

The report gave the parties 14 days to file objections and warned that failing to object would waive the right to object and prevent appellate review. Sadowski submitted proof that the report had been served on Tribuna Abierta. Neither party filed an objection or requested additional time.

Ruling

Judge Broderick reviewed the report for clear error, the standard used when no timely objection is filed, and found none. He adopted Judge Lehrburger’s Report and Recommendation in its entirety. The Clerk of Court was directed to enter judgment in accordance with the order and close the case.

The order therefore adopted the recommended award of $7,200 in statutory damages, the specified prejudgment interest, and $3,647.52 in attorneys’ fees and costs. The opinion classifies this as a default-judgment disposition rather than a decision reached through an adversarial determination of the copyright claim’s merits.