McGlynn v. Towers Investors.com Inc.
- Paul Engelmayer
- 1:19-cv-00089
- U.S. District Court · Southern District of New York
- 2
In McGlynn v. Towers Investors.com, Judge Engelmayer granted McGlynn’s motion for $5,400 in copyright-related damages and costs.
David McGlynn and Towers Investors.com Inc.; the order granted McGlynn’s motion for $5,400 in damages and costs.
What happened
In McGlynn v. Towers Investors.com Inc., David McGlynn sought a default judgment against Towers Investors.com Inc. for copyright infringement and for removing or altering copyright-management information.
The court reviewed a magistrate judge’s recommendation to award $5,400 in damages and costs. Neither party objected to that recommendation, and the opinion relied on the factual summary in the recommendation rather than restating those facts.
Judge Paul A. Engelmayer found no clear error, adopted the recommendation in full, and granted the motion for damages and costs in the amount of $5,400. The court also stated that the parties’ failure to object waived appellate review.
The detailed version
- McGlynn v. Towers Investors.com Inc. · No. 1:19-cv-00089
- Paul Engelmayer
- June 3, 2021
Background
David McGlynn moved for default judgment against Towers Investors.com Inc. The motion concerned claims for copyright infringement under Sections 106 and 501 of the Copyright Act and for removing or altering copyright-management information under Section 1202(b) of the Copyright Act.
The court had before it a May 5, 2021 Report and Recommendation by United States Magistrate Judge Gabriel W. Gorenstein. The recommendation advised awarding McGlynn $5,400 in damages and costs. The opinion incorporated the factual summary in that report by reference.
Court’s review
Because neither party objected to the Report and Recommendation, the court reviewed it for clear error. That standard asks whether an obvious mistake appears on the record. Judge Engelmayer stated that careful review showed no facial error in the report’s conclusions.
The Report had warned that failing to object within 14 days would waive objections and prevent appellate review. The court concluded that the parties’ failure to object operated as a waiver of appellate review.
Disposition
The court adopted the Report and Recommendation in its entirety and granted the motion for damages and costs in the amount of $5,400. The opinion does not provide the underlying factual summary or a breakdown of the $5,400 amount.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.