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Lucerne Textiles, Inc. v. H.C.T. Textiles Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 25, 2013
12 CV 5456 (KMW) (AJP) (S.D.N.Y. Mar. 25, 2013)

Opinion

12 CV 5456 (KMW) (AJP)

03-25-2013

LUCERNE TEXTILES, INC., Plaintiff, v. H.C.T. TEXTILES CO., LTD. d/b/a H.C.T. TEXTILES NEW YORK Defendant.


OPINION AND ORDER

KIMBA M. WOOD, U.S.D.J.:

On December 10, 2012, the Court entered a default judgment enjoining Defendant from infringing Plaintiff's copyright. [Dkt. No. 11]. The Court thereafter referred this matter to the Honorable Andrew J. Peck, Magistrate Judge, for an inquest as to the amount of damages. On January 18, 2013, Magistrate Judge Peck issued his Report and Recommendation (the "R&R") recommending an award of $37,640.80—$30,000.00 in statutory damages and $7,640.80 in attorney's fees. [Dkt. No. 17].

Objections to the R&R were due February 4. No objections have been filed. Absent any objections, the Court reviews the R&R for clear error on the face of the record. See Adee Motor Cars, LLC v. Amato, 388 F. Supp. 2d 250, 253 (S.D.N.Y. 2005) (Robinson, J.).

The Court has reviewed Magistrate Judge Peck's carefully reasoned R&R, and finds no clear error. The R&R appropriately awarded Plaintiff the requested amount of statutory damages and also appropriately reduced the requested amount of attorney's fees.

Accordingly, the January 18, 2013 Report and Recommendation is approved and adopted in its entirety. The Clerk of the Court is directed to enter judgment in favor of Plaintiff, including an award of $30,000 in statutory damages and $7,640.80 in attorney's fees, for a total monetary award of $37,640.80

SO ORDERED. Dated: New York, New York

March 25, 2013

_________________

Kimba M. Wood

United States District Judge


Summaries of

Lucerne Textiles, Inc. v. H.C.T. Textiles Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 25, 2013
12 CV 5456 (KMW) (AJP) (S.D.N.Y. Mar. 25, 2013)
Case details for

Lucerne Textiles, Inc. v. H.C.T. Textiles Co.

Case Details

Full title:LUCERNE TEXTILES, INC., Plaintiff, v. H.C.T. TEXTILES CO., LTD. d/b/a…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 25, 2013

Citations

12 CV 5456 (KMW) (AJP) (S.D.N.Y. Mar. 25, 2013)

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