United States District Court

Case 1:08-cv-00112-AWI -SMS Document 26 Filed 11/13/08 Page 1 of 3 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 UMG RECORDINGS, INC., a ) 1:08-cv-112-AWI-SMS 10 Delaware corporation, et al., ) ) ORDER RE: PLAINTIFF’S MOTION FOR 11 Plaintiffs, ) DEFAULT JUDGMENT (DOCS. 16, 24) v. ) 12 ) CHRISTINA HIGAREDA, ) 13 ) Defendant. ) 14 ) ) 15 16 Plaintiffs are proceeding with an action for damages and 17 other relief. The matter has been referred to the Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b) and Local Rule 72- 19 302(c)(19). Pending before the Court is Plaintiffs’ motion for 20 default judgment against Defendant Christina Higareda. 21 On August 14, 2008, the Magistrate Judge filed findings and 22 a recommendation that Plaintiffs’ motion for default judgment 23 against Defendant be granted. The findings and recommendation 24 were served on Defendant on September 19, 2008; when mail was 25 returned as undeliverable, the findings and recommendation were 26 reserved by mail on Plaintiff at 1071 Stonegate Cove Drive, Apt. 27 A, Porterville, California, 93257. They contained notice that any 28 objections to the findings and recommendations were to be filed 1 Case 1:08-cv-00112-AWI -SMS Document 26 Filed 11/13/08 Page 2 of 3 1 within thirty (30) days of the date of service of the order. No 2 party has filed any objections. 3 In accordance with the provisions of 28 U.S.C. § 636 4 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 5 452, 454 (9th Cir. 1983), this Court has conducted a de novo 6 review of the case. Having carefully reviewed the entire file, 7 the Court finds that the report and recommendation are supported 8 by the record and proper analysis. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The findings and recommendation filed August 14, 2008, 11 are ADOPTED IN FULL; and 12 2. The Clerk of the Court IS DIRECTED to enter judgment in 13 favor of Plaintiffs UMG RECORDINGS, INC.; CAPITOL RECORDS 14 RECORDS, INC.; WARNER BROS. RECORDS, INC.; SONY BMG MUSIC 15 ENTERTAINMENT; AND PRIORITY RECORDS LLC, and against Defendant 16 CHRISTINA HIGAREDA, for $6,000.00 in statutory damages, and 17 $550.00 in costs; and 18 3. The Clerk IS DIRECTED to enter judgment in favor of 19 Plaintiffs UMG RECORDINGS, INC.; CAPITOL RECORDS RECORDS, INC.; 20 WARNER BROS. RECORDS, INC.; SONY BMG MUSIC ENTERTAINMENT; AND 21 PRIORITY RECORDS LLC, and against Defendant CHRISTINA HIGAREDA, 22 enjoining Defendant from directly or indirectly infringing 23 Plaintiffs’ rights in the following copyrighted sound recordings: 24 “Kryptonite,” on album “The Better Life,” by artist “3 Doors 25 Down” (SR# 277-407); “Here It Goes Again,” on album “Oh No,” by 26 artist “OK Go” (SR# 377-392); “Just Stop,” on album “Ten Thousand 27 Fists,” by artist “Disturbed” (SR# 380-289); “Poison,” on album 28 “Trash,” by artist “Alice Cooper” (SR# 107-959); “Waiting,” on 2 Case 1:08-cv-00112-AWI -SMS Document 26 Filed 11/13/08 Page 3 of 3 1 album “Someone In Control,” by artist “Trapt” (SR# 375-267); 2 “Atomic,” on album “Eat to the Beat,” by artist “Blondie” (SR# 3 12-739); “LBC and ING,” on album “The Recipe,” by artist “Mack 4 10" (SR# 264-565); “Show Me How to Live,” on album “Audioslave,” 5 by artist “Audioslave” (SR# 322-103); and any copyrighted sound 6 recording, whether now in existence or later created, which is 7 owned or controlled by Plaintiffs (“Plaintiffs’ recordings”), 8 including without limitation by using the Internet or any online 9 media distribution system to reproduce (i.e., download) any of 10 Plaintiffs’ recordings, to distribute (i.e., upload) any of 11 Plaintiffs’ recordings, or to make any of Plaintiffs’ recordings 12 available for distribution to the public, except pursuant to a 13 lawful license or with the express authority of Plaintiffs; 14 Defendant also shall destroy all copies of Plaintiffs’ recordings 15 that Defendant has downloaded onto any computer hard drive or 16 server without Plaintiffs’ authorization and shall destroy all 17 copies of those downloaded recordings transferred onto any 18 physical medium or device in Defendant’s possession, custody, or 19 control. 20 21 IT IS SO ORDERED. 22 Dated: November 10, 2008 /s/ Anthony W. Ishii 0m8i78 CHIEF UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 3.

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