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S.D.N.Y.Procedural orderFiled June 22, 2020

Howarth v. FORM BIB, LLC

Judge
James Oetken
Docket
1:18-cv-07047
Court
U.S. District Court · Southern District of New York
Pages
2
Intellectual PropertyCivil ProcedureFee Petition
In one sentence

In Howarth v. FORM BIB, LLC, Judge Oetken adopted a report awarding copyright damages and attorney’s fees after the defendant’s default.

Who this affects

Morgan Howarth received the damages and attorney’s-fee award. FORM BIB, LLC was subject to the default judgment and award. The opinion does not state the amounts awarded.

What happened

Morgan Howarth sued FORM BIB, LLC for one claim of copyright infringement. The court had already entered default judgment against FORM BIB, LLC.

The case was sent to Magistrate Judge Sarah Netburn to recommend the amount of damages and attorney’s fees. No party timely objected to her report, and the court found no clear error.

Judge Oetken adopted the report and awarded damages and fees as calculated there. He directed Howarth to serve the order on FORM BIB, LLC and directed the Clerk of Court to enter judgment and close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Howarth v. FORM BIB, LLC · No. 1:18-cv-07047
Judge
James Oetken
Date
June 22, 2020

Background

Morgan Howarth brought a single copyright-infringement claim against FORM BIB, LLC under the Copyright Act. The court entered default judgment against FORM BIB, LLC on May 6, 2019. The court then referred the question of damages and attorney’s fees to Magistrate Judge Sarah Netburn for a report and recommendation.

Report and Review

Magistrate Judge Netburn conducted an inquest and recommended awarding damages and fees in the amounts calculated in her report. Because no party filed a timely objection, Judge Oetken reviewed the report for clear error—a plainly identifiable mistake in the record. He found no clear error.

Ruling

Judge Oetken fully adopted the report and awarded damages and attorney’s fees as calculated in it. The opinion does not state the amounts. The court directed Howarth to serve FORM BIB, LLC with the order, directed the Clerk of Court to enter judgment, and directed that the case be closed.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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