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DIRECTV, INC. v. HAMILTON

United States District Court, Southern District of New York


May 6, 2003

DIRECTV, INC., PLAINTIFF, AGAINST DENISE HAMILTON AND MAJMUD SALEJ, DEFENDANTS

The opinion of the court was delivered by: VICTOR Marrero, United States District Judge

DECISION AND ORDER

Plaintiff DIRECTV, Inc. ("DIRECTV") brought this action alleging theft or satellite transmission in violation of 17 U.S.C. § 1201(a)(1), 47 U.S.C. § 605(a) and 18 U.S.C. § 2510-2521. A default judgment was entered against defendants Denise Hamilton and Majmud Salej on September 23, 2002 by the Honorable Allen G. Schwartz, who then referred the matter to Magistrate Judge George A. Yanthis for a report and recommendation concerning the amount of damages to be awarded plaintiff, plus reasonable attorneys' fees and costs. DIRECTV filed a timely written inquest submission. Defendant Salej ("Salej") failed to respond; defendant Hamilton ("Hamilton") responded by letter.

Magistrate Judge Yanthis issued a Report and Recommendation dated April 23, 2003 (the "Report") recommending to this Court, to which the case was subsequently reassigned, that it: (1) award DIRECTV damages against Salej in the amount of $2,000.00, plus attorneys' fees and costs in the amount of $1,500.00, and (2) vacate the default judgment against Hamilton. The Report is attached and incorporated hereto. The Court has received no objections or other responses from any of the parties.

The Court has considered Magistrate Judge Yanthis's findings and conclusions with respect to DIRECTV's specific claims for damages against each defendant. In examining the materials on the record pertinent to DIRECTV's claims, the Court is satisfied that Magistrate Judge Yanthis's findings and reasoning, as well as the authorities cited in support of the entry of judgment against Salej in the amounts recommended, as well as the vacatur of the default judgment entered against Hamilton, are sufficient to sustain the conclusions set forth in the Report. Accordingly, the Court accepts and adopts the Report in its entirety.

For the foregoing reasons, it is hereby

ORDERED that the Report and Recommendation issued herein by Magistrate Judge George A. Yanthis on April 23, 2003 is adopted; and it is further

ORDERED that in accordance with the default judgment entered against defendant Majmud Salej on September 23, 2002, further judgment be entered against Salej in the amount of Two Thousand Dollars ($2,000.00), plus attorneys' fees and costs in the amount of One Thousand Five Hundred Dollars ($1,500.00); and it is further

ORDERED that the default judgment entered on September 23, 2002 against defendant Denise Hamilton is vacated in accordance with Fed.R. Ci. P. 55(c) and 60(b); and it is finally

ORDERED that DIRECTV and Hamilton appear at a conference with the Court on May 16, 2003 at 9:30 a.m. to discuss the status of the case and scheduling of pretrial proceedings.

SO ORDERED.

20030506

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