Sid Avery and Associates, Inc. v. Parallel Bar Inc.

Background

Sid Avery and Associates, Inc., doing business as MPTV Images, brought a copyright-infringement action against Parallel Bar Inc., doing business as The Summit Bar, Hamid Rashidzada, and Greg Seider. The claim concerned the defendants’ unauthorized display on their website of the plaintiff’s copyrighted photograph, “Ocean’s Eleven Cast.”

On April 28, 2020, the court granted the plaintiff’s motion for default judgment after the defendants failed to appear or respond to the complaint. The court then referred the case to Magistrate Judge Kevin Nathaniel Fox for an inquest to determine damages and attorney’s fees. The plaintiff requested $87,500 in statutory damages, or at least $30,000, along with $4,714.75 in fees and costs.

Report and Recommendation

The plaintiff served its damages submissions, but the defendants did not oppose them or request more time. On February 2, 2021, Judge Fox recommended granting the plaintiff’s damages motion and awarding $750 in statutory damages and $4,714.75 in reasonable attorney’s fees and costs.

Neither party objected to the report and recommendation. Without objections, the district court reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s findings or reasoning.

Ruling

Judge Vernon S. Broderick found no clear error and adopted Judge Fox’s report and recommendation in its entirety. The court’s order states that the plaintiff’s motion for damages was GRANTED. It awarded the plaintiff $750 in statutory damages and $4,714.75 in reasonable attorney’s fees and costs.

The court directed the Clerk’s Office to terminate the damages motion, enter judgment, and close the case.