Johnson v. Tennyson
- Jesse Furman
- 1:22-cv-05683
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Tennyson, Judge Furman adopted damages recommendations totaling $251,787.50 plus interest and closed the case.
Eric Johnson received the recommended damages, attorneys’ fees, costs, and prejudgment interest. Ray Tennyson, Amazing Paint Party LL, and the other Defendants were affected by the monetary awards and by the court’s determination that they waived objections to the Report and Recommendation.
What happened
In Johnson v. Tennyson, a magistrate judge recommended damages after an inquiry into the amount owed to Eric Johnson. The recommendation included $150,000 under the Copyright Act, $35,000 under the Digital Millennium Copyright Act, and $50,000 for breach of contract.
The defendants did not object or ask for more time. The court therefore found that they had given up their right to object and to obtain appellate review, then reviewed the recommendation and found it well supported.
Judge Jesse M. Furman adopted the recommendation in full. The award included $16,787.50 in attorneys’ fees, $402 in costs, and prejudgment interest on the breach-of-contract award; the clerk was directed to enter judgment and close the case.
The detailed version
- Johnson v. Tennyson · No. 1:22-cv-05683
- Jesse Furman
- Mar. 31, 2023
Background
The matter was referred to Magistrate Judge Aaron for an inquest, meaning a court proceeding to determine damages. On March 8, 2023, Magistrate Judge Aaron issued a Report and Recommendation addressing the damages owed to Plaintiff Eric Johnson.
Recommended awards
The Report and Recommendation advised awarding:
- $150,000 in statutory damages under the Copyright Act against Defendants, jointly and severally, meaning each defendant could be responsible for the full amount; - $35,000 in statutory damages under the Digital Millennium Copyright Act against Ray Tennyson and Amazing Paint Party LL, jointly and severally; - $50,000 in breach-of-contract damages against all Defendants, jointly and severally; - $16,787.50 in attorneys’ fees and $402 in costs against all Defendants, jointly and severally; and - prejudgment interest on the breach-of-contract award only.
Objections and review
The parties had fourteen days to object to the Report and Recommendation. No objections were filed, and no extension was requested. The court held that Defendants had waived their right to object and to obtain appellate review. Even without objections, the court reviewed the petition and the Report and Recommendation and found the recommendation well reasoned and supported by the facts and law.
Ruling
Judge Jesse M. Furman adopted the Report and Recommendation in its entirety. The court stated that it would retain jurisdiction to amend the judgment. It directed the clerk to enter judgment consistent with the order and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.