Strike 3 Holdings, LLC v. Poluk ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STRIKE 3 HOLDINGS, LLC, et al., No. 2:20-cv-02146-TLN-CKD 12 Plaintiffs, ORDER 13 v. 14 CASEY POLUCK, 15 Defendant. 16 17 On November 16, 2021, the magistrate judge filed findings and recommendations (ECF 18 No. 29) which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within thirty (30) days. (ECF No. 29.) No 20 objections were filed. Accordingly, the Court presumes that any findings of fact are correct. See 21 Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of 22 law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th 23 Cir. 1983). 24 The Court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 26 IT IS HEREBY ORDERED: 27 1. The findings and recommendations (ECF No. 29) are ADOPTED IN FULL; 28 1 2. Plaintiff's motion for default judgment (ECF No. 25) is GRANTED; 2 3. Judgment is entered in Plaintiff's favor and against Defendant; 3 4. Plaintiff is awarded $28,500.00 in statutory damages as authorized under 17 U.S.C. § 4 504(c)(1), and $863.96 for costs, as authorized under 17 U.S.C. § 505, for a total of 5 $29,363.96, to be executed forthwith; and 6 5. Defendant is ordered to pay post-judgment interest under 28 U.S.C. § 1961 as of the date 7 of the default judgment until the date of its satisfaction. 8 | DATED: January 24, 2022 10 “ Mr / Vhokay 11 Troy L. Nuhley> ] D United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28