Opinion
1:18-CV-1015-WKW [WO]
06-23-2021
JOE HAND PROMOTIONS, INC., Plaintiff, v. ANDRE BARBER, Defendant.
ORDER
W. KEITH WATKINS, UNITED STATES DISTRICT JUDGE
Before the court is the Recommendation of the Magistrate Judge. (Doc. # 69.) Defendant Andre Barber timely filed objections. (Doc. # 69.) Based upon a de novo review of those portions of the Recommendation to which objection is made, 28 U.S.C. § 636, the court finds that the Recommendation addresses and properly rejects the arguments underlying Mr. Barber’s objections and that the objections lack merit. Accordingly, it is ORDERED as follows:
(1) Mr. Barber’s objections (Doc. # 70) are OVERRULED;
(2) The Recommendation (Doc. # 69) is ADOPTED;
(3) Plaintiff Joe Hand Promotions, Inc.’s motion for summary judgment (Doc. # 44) is GRANTED;
(4) Plaintiff’s request for statutory damages (Doc. # 44) is GRANTED in the amount of $15,000;
(5) Plaintiff’s request for attorneys’ fees and costs (Doc. # 44) is DENIED;
(6) Mr. Barber’s cross-motion for summary judgment (Doc. # 46) is DENIED; and
(7) Mr. Barber’s motion to dismiss for lack of standing (Doc. # 52) is DENIED.
It is further ORDERED that, on or before July 7, 2021, Plaintiff is DIRECTED to file a position statement on how it wishes to proceed on its remaining count alleging satellite and cable piracy pursuant to 47 U.S.C. § 553 and § 605. The statement should include, with citations to authority, Plaintiff’s position on Defendant’s demand for a jury trial (Doc. # 26). Defendant may, but is not required to, file a reply to Plaintiff’s position statement no later than July 14, 2021.