Malibu Media, LLC v. Doe
- Paul Engelmayer
- 1:17-cv-01099
- U.S. District Court · Southern District of New York
- 2
In Malibu Media v. Greenwood, Judge Engelmayer adopted a report awarding Greenwood $14,250 in statutory damages and $400 in costs.
Malibu Media, LLC and Gregg Greenwood; the order set the monetary award following Greenwood’s default on liability.
What happened
Malibu Media, LLC v. Gregg Greenwood followed the court’s entry of default judgment against Greenwood on liability for copyright infringement. The court reviewed a magistrate judge’s recommendation after a damages hearing.
Neither party objected to the recommendation. The court therefore reviewed it for clear error and found none. It also stated that the parties’ failure to object waived appellate review.
Judge Engelmayer adopted the recommendation in full and awarded the defendant $14,250 in statutory damages and $400 in costs. The opinion’s conclusion uses the word “defendant” for the recipient of the award.
The detailed version
- Malibu Media, LLC v. Doe · No. 1:17-cv-01099
- Paul Engelmayer
- Jan. 14, 2020
Background
The court had already entered default judgment against Gregg Greenwood as to liability for copyright infringement. It referred the case to Magistrate Judge Sarah L. Cave for an inquest to determine damages. Judge Cave recommended statutory damages of $14,250 and costs of $400.
Review of the Recommendation
Because no party objected to the Report and Recommendation, the court reviewed it for clear error. The court found no facial error in Judge Cave’s conclusions and adopted the report in its entirety. The court also stated that the parties’ failure to object waived appellate review and would prevent appellate review under the terms stated in the report.
Disposition
The court awarded the defendant $14,250 in statutory damages for copyright infringement and $400 in costs. The opinion’s conclusion identifies the recipient as “defendant.”
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.