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Cook Productions, LLC v. Szerlip

United States District Court, D. Hawaii

October 30, 2017

COOK PRODUCTIONS, LLC, Plaintiff,
v.
STANLEY SZERLIP, Defendant.

         ORDER ADOPTING, AS MODIFIED, THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO PARTIALLY GRANT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT STANLEY SZERLIP (ECF NO. 54) AND DENYING PLAINTIFF'S WRITTEN OBJECTION (ECF NO. 55)

          Helen Gillmor, United States District Judge.

         Plaintiff Cook Productions, LLC, owns the copyright to the film "Mr. Church." Plaintiff filed suit seeking injunctive relief, statutory damages, and reasonable attorney's fees for violation of their copyright.

         Plaintiff alleges that Defendant Stanley Szerlip violated Plaintiff's copyright in "Mr. Church" by downloading and distributing the work via the BitTorrent protocol.

         Defendant has not answered the summons or otherwise made an appearance in this matter. Plaintiff filed a Motion for Default Judgment Against Defendant Stanley Szerlip. (ECF No. 48).

         On August 25, 2017, the Magistrate Judge issued FINDINGS AND RECOMMENDATION TO PARTIALLY GRANT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST STANLEY SZERLIP. (ECF No. 54). On September 1, 2017, Plaintiff filed PLAINTIFF'S WRITTEN OBJECTION TO MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION GRANTING IN PART PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT STANLEY SZERLIP. (ECF No. 55).

         The Court ADOPTS, AS MODIFIED, the Magistrate Judge's February 26, 2015 Findings and Recommendation (ECF No. 54). Plaintiff's Written Objection (ECF No. 55) is DENIED.

         PROCEDURAL HISTORY

         On December 2, 2016, Plaintiff filed a COMPLAINT against Does 1-8. (ECF No. 1).

         On February 24, 2017, Plaintiff filed a Notice of Dismissal without Prejudice of DOE Defendant No.8. (ECF No. 16).

         On March 17, 2017, Plaintiff filed a Notice of Dismissal without Prejudice of Doe 6 with Prejudice. (ECF No. 19).

         On March 20, 2017, Plaintiff filed a Notice of Dismissal without Prejudice of Doe 5 with Prejudice. (ECF No. 20).

         On March 24, 2017, Plaintiff filed a Notice of Dismissal of Doe 3 with Prejudice. (ECF No. 22).

         On March 27, 2017, Plaintiff filed a Notice of Dismissal of Doe 2. (ECF No. 23).

         On March 24, 2017, Plaintiff filed a AMENDED COMPLAINT against ERIK GRAY (previously identified as Doe Defendant 1), ROBERT LUJAN (previously identified as Doe Defendant 4), and STANLEY SZERLIP (previously identified as Doe Defendant 7). (ECF no. 24) .

         On June 6, 2017, Plaintiff filed a Notice of Dismissal of ERIK GRAY and ROBERT LUJAN. (ECF No. 47).

         On June 8, 2017, Plaintiff filed a First Motion for Entry of Default Against Defendant Szerlip. (ECF No. 48).

         On August 25, 2017, the Magistrate Judge issued FINDINGS AND RECOMMENDATION TO PARTIALLY GRANT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST STANLEY SZERLIP. (ECF No. 54).

         On September 1, 2017, Plaintiff filed PLAINTIFF'S WRITTEN OBJECTION TO MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION GRANTING IN PART PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT STANLEY SZERLIP. (ECF No. 55) .

         STANDARD ...


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