Lievano v. CoinTelegraph Media USA Inc.

Background

The court had previously entered a default judgment for Peter Lievano against CoinTelegraph Media USA Inc. A default judgment is a judgment entered when a defendant does not defend the case. The court referred the question of damages and costs to Magistrate Judge Stewart D. Aaron for a post-judgment review.

Judge Aaron recommended an award of $2,000 in actual damages under the Copyright Act, $5,000 in statutory damages under the Digital Millennium Copyright Act, $5,097 in attorney’s fees, and $477 in costs. The deadline for objections to the recommendation was fourteen days after service, and no timely objections were filed.

Attorney’s Fees and Costs

Peter Lievano separately moved for attorney’s fees and costs. The motion contained a typographical inconsistency: one part requested $4,620 in attorney’s fees and $477 in costs, while the concluding paragraph listed $5,097 in attorney’s fees and $477 in costs. The supporting declaration and billing records requested and supported $4,620 in fees and $477 in costs. The motion was unopposed.

The court found that the hours billed, hourly rates, and costs were reasonable. Because no timely objections were filed, the court reviewed the magistrate judge’s damages recommendation for clear error and found none.

Ruling

Judge Lorna G. Schofield ordered that the Report and Recommendation be adopted in part and modified in part, and granted Peter Lievano’s request for attorney’s fees and costs. The court awarded $2,000 in actual damages, $5,000 in statutory damages, $4,620 in attorney’s fees, and $477 in costs, for a total award of $12,097. The court also stated that post-judgment interest would apply under 28 U.S.C. § 1961 if the award became delinquent, and directed the Clerk of Court to close the case.