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Joe Hand Prods., Corp. v. Holmes

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Aug 31, 2015
2:12-cv-00535-SU (D. Or. Aug. 31, 2015)

Opinion

2:12-cv-00535-SU

08-31-2015

JOE HAND PRODUCTIONS, a Pennsylvania corporation, Plaintiff, v. ROBERT DEAN HOLMES, individually; and RDH ENTERTAINMENT, LLC, an Oregon corporation, Defendants.


ORDER

BROWN, Judge.

Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#31) on June 16, 2015, in which she recommends this Court:

(1) Grant in part Plaintiff's Motion (#30) for Default Judgment against Defendant RDH Entertainment on Plaintiff's claim under 47 U.S.C. § 553 and award to Plaintiff $1,900.00 in damages ($900.00 in compensatory damages and $1,000.00 in statutory enhanced damages) on that claim;

(2) Grant in part Plaintiff's Motion against RDH Entertainment on Plaintiff's common-law conversion claim and award to Plaintiff $900.00 in damages on that claim;

(3) Deny Plaintiff's Motion as to Plaintiff's claim against RDH Entertainment under 47 U.S.C. § 605 and dismiss that claim; and

(4) Deny Plaintiff's Motion as to all claims against Robert Dean Holmes and dismiss those claims against Robert Dean Holmes.

The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Sullivan's Findings and Recommendation (#31). Accordingly, the Court GRANTS in part and DENIES in part Plaintiff's Motion (#30) for Default Judgment as follows:

(1) The Court GRANTS in part Plaintiff's Motion (#30) for Default Judgment against Defendant RDH Entertainment on Plaintiff's claim under 47 U.S.C. § 553 and AWARDS to Plaintiff $1,900.00 in damages ($900.00 in compensatory damages and $1,000.00 in statutory enhanced damages) on that claim;

(2) The Court GRANTS in part Plaintiff's Motion against RDH Entertainment on Plaintiff's common-law conversion claim and AWARDS to Plaintiff $900.00 in damages on that claim;

(3) The Court DENIES Plaintiff's Motion as to Plaintiff's claim against RDH Entertainment under 4 7 U.S.C. § 605 and, accordingly, DISMISSES that claim; and

(4) The Court DENIES Plaintiff's Motion as to all claims against Robert Dean Holmes and DISMISSES those claims.

IT IS SO ORDERED.

DATED this 31st day of August, 2015.

/s/_________

ANNA J. BROWN

United States District Judge


Summaries of

Joe Hand Prods., Corp. v. Holmes

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Aug 31, 2015
2:12-cv-00535-SU (D. Or. Aug. 31, 2015)
Case details for

Joe Hand Prods., Corp. v. Holmes

Case Details

Full title:JOE HAND PRODUCTIONS, a Pennsylvania corporation, Plaintiff, v. ROBERT…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Aug 31, 2015

Citations

2:12-cv-00535-SU (D. Or. Aug. 31, 2015)

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