Stokes v. Amen Corporation ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL STOKES, Case No. 1:22-cv-00965-JLT-CDB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING 13 v. PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT 14 AMEN CORPORATION, (Docs. 9, 12) 15 Defendant. 16 17 On April 4, 2024, the assigned magistrate judge issued Findings and Recommendations in 18 this trademark infringement case to grant Plaintiff’s motion for default judgment in part, reducing 19 the statutory damages from the requested $80,000 to $15,000 and the attorney’s fees award from 20 the requested $5,950 to $2,922.50. (Doc. 12.) The Court served the Findings and 21 Recommendations on Plaintiff and directed Plaintiff to serve a copy on Defendant at its registered 22 or last known address and file proof of service of same. (Id. at 12.) The Findings and 23 Recommendations informed the parties that any objections were due within 14 days and advised 24 them that failure to file objections within the specified time may result in the waiver of rights on 25 appeal. (Id., citing Martinez v. Ylst, 951 F.2d 1153, 1156 (9th Cir. 1991).) More than 14 days 26 have passed since Plaintiff served Defendant with a copy of the Findings and Recommendations 27 (see Doc. 14) and no party has filed objections. According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this 1 | case. Having carefully reviewed the entire file, the Court concludes the Findings and 2 | Recommendations are supported by the record and by proper analysis. Based upon the foregoing, 3 | the Court ORDERS: 4 1. The Findings and Recommendations issued on April 4, 2024 (Doc. 12) are adopted in 5 full. 6 2. Plaintiff's motion for Default Judgment (Doc. 9) is GRANTED in part. 7 3. Judgment is entered in favor of Plaintiff Michael Stokes against Defendant Amen 8 Corporation. 9 4. Plaintiff is awarded $15,000.00 in statutory damages. 10 5. Plaintiff awarded $2,922.50 in attorneys’ fees and $492.00 in costs. 11 6. The Clerk of the Court is directed to CLOSE this case. 12 13 | TT IS SO ORDERED. | Dated: _ May 17, 2024 Cerin | Tower 5 TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28