Summary
awarding the plaintiff statutory damages of $1,000, plus an additional $5,000 in enhanced damages, where the defendant broadcast a boxing match at a bar in front of approximately 18 patrons
Summary of this case from J&J Sports Prods., Inc. v. El Coyote Carpau Inc.Opinion
11-CV-1215 (NGG) (CLP)
08-30-2012
JOE HAND PROMOTIONS, INC., Plaintiff, v. PAULINE SOVIERO, individually and as officer, director, shareholder, and/or principal of Black Rock Bar; and BLACK ROCK BAR, Defendants.
ORDER
NICHOLAS G. GARAUFIS, United States District Judge.
Before the court is a report and recommendation ("R&R") (Docket Entry #17) prepared by Magistrate Judge Cheryl L. Pollak in response to the court's referral of this case to her for an inquest on damages. The R&R is ADOPTED.
By order dated March 6, 2012, the court granted the plaintiffs motion for default judgment in this Communications Act case, and referred the case to Judge Pollak for a report and recommendation on the issue of damages. (See Docket Entry #13.) Judge Pollak filed the R&R on July 31, 2012.
No party has objected to the R&R, and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). Accordingly, the court reviews the R&R for clear error. See La Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000); Gesualdi v. Mack Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM) (JO), 2010 WL 985294, at *1 (E.D.N.Y. Mar. 15, 2010).
The court has reviewed the R&R for clear error and, finding none, ADOPTS the R&R in its entirety. For the reasons set forth in the R&R, the court ORDERS that the plaintiff is awarded $7,000, representing: (1) $1,000 in statutory damages; (2) $5,000 in enhanced damages; and (3) $1,000 in litigation costs. No attorney's fees are awarded. SO ORDERED.
______________________
NICHOLAS G. GARAUFIS
United States District Judge
Dated: Brooklyn, New York
August 28, 2012