Miller v. Netventure24 LLC
- Lorna Schofield
- 1:19-cv-07172
- U.S. District Court · Southern District of New York
- 2
In Miller v. Netventure24 LLC, Judge Schofield adopted damages recommendations and granted Miller’s unopposed request for fees and costs after default.
Robert Miller received a total award of $28,963.50 against Netventure24 LLC, plus possible post-judgment interest if the payment became delinquent.
What happened
In Miller v. Netventure24 LLC, Robert Miller had already obtained a default judgment against Netventure24 LLC. The court referred the amount of damages, fees, and costs for further review.
A magistrate judge recommended $14,000 in Copyright Act damages and $10,000 in Digital Millennium Copyright Act damages. No timely objections were filed, and Miller’s request for $4,235 in attorneys’ fees and $728.50 in costs was unopposed.
Judge Schofield found no clear error, adopted the recommendation, and granted Miller’s request for fees and costs. The total award was $28,963.50, plus post-judgment interest if payment was late, and the clerk was directed to close the case.
The detailed version
- Miller v. Netventure24 LLC · No. 1:19-cv-07172
- Lorna Schofield
- Sept. 2, 2021
Background
The court stated that a November 5, 2019, default judgment had granted Robert Miller judgment against Netventure24 LLC. A default judgment is a judgment entered after a defendant fails to defend the case. The court had referred the issues of liquidated damages, attorneys’ fees, and costs to Magistrate Judge Barbara Moses for a post-default judgment review.
Magistrate Judge’s Recommendation
On August 6, 2021, Judge Moses issued a report and recommendation advising that Miller receive $14,000 in statutory damages under the Copyright Act and $10,000 in statutory damages under the Digital Millennium Copyright Act, along with attorneys’ fees and costs. The deadline for objections was fourteen days after service, and no timely objections were filed.
When no timely objection is made to a magistrate judge’s report and recommendation, the district court reviews the record for clear error before accepting it. The court found no clear error concerning the recommended statutory damages or the award of attorneys’ fees and costs.
Attorneys’ Fees and Costs
Miller had filed an unopposed motion seeking $4,235.00 in attorneys’ fees and $728.50 in costs. The court found that the hours billed were reasonable and matched the work performed, that the hourly rates were reasonable compared with rates for similar work by attorneys of similar skill in the area, and that the costs were reasonable.
Ruling
The court adopted the report and recommendation and granted Miller’s request for attorneys’ fees and costs. It awarded $14,000 in Copyright Act statutory damages, $10,000 in Digital Millennium Copyright Act statutory damages, $4,235.00 in attorneys’ fees, and $728.50 in costs, for a total award of $28,963.50. The court also stated that Netventure24 LLC must pay post-judgment interest under 28 U.S.C. § 1961 if the award became delinquent. The clerk was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.