McGlynn v. The Cools, Inc.

Background

David McGlynn sued The Cools, Inc. for copyright infringement. The defendant did not respond to the lawsuit, and the clerk entered a certificate of default. McGlynn then moved for default judgment, which is a judgment entered when a defendant fails to defend the case.

Magistrate Judge Debra C. Freeman issued a Report and Recommendation proposing that the motion be granted, that McGlynn receive $5,000 in statutory damages, that he receive $400 in costs, and that he receive $1,512.50 in attorney’s fees only if his counsel confirmed that the submitted work summary was based on contemporaneous time records. No party objected to the report, and counsel did not file the required confirmation.

Court’s Review and Rulings

Because there were no objections, the district court reviewed the report for clear error, meaning an obvious mistake in the record. The court found none and adopted the report.

Default Judgment

The court held that McGlynn had satisfied the requirements for default judgment and directed entry of judgment in his favor against The Cools, Inc.

Damages and Costs

The court adopted the recommendation awarding $5,000 in statutory damages. It explained that McGlynn had requested $30,000 but had provided no evidence supporting that larger amount. The court also awarded $400 in costs, reflecting the filing fee shown on the docket, but not the undocumented $40 process-server fee.

Attorney’s Fees

The court denied the request for attorney’s fees because counsel did not submit an affidavit or declaration confirming that the reported time was recorded contemporaneously. The final order required The Cools, Inc. to pay McGlynn $5,000 in damages and $400 in costs, and denied attorney’s fees.