Joe Hand Promotions, Inc. v. City Slickers Limited Liability Company

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION

JOE HAND PROMOTIONS, INC., § § Plaintiff, § § v. § CAUSE NO. EP-24-CV-214-KC § CITY SLICKERS LIMITED § LIABILITY COMPANY and § KENNETH O. EKECHUKWU, § § Defendants. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE On this day, the Court considered United States Magistrate Judge Robert F. Castaneda’s Report and Recommendation (“R&R”), ECF No. 12. On October 24, 2024, Plaintiff filed a Motion for Default Judgment (“Motion”), ECF No. 11, against Defendants. The Court referred the Motion to Magistrate Judge Castaneda. Apr. 11, 2025, Text Order. Magistrate Judge Castaneda filed the R&R on May 2, 2025, recommending that the Court grant in part and deny in part Plaintiff’s Motion. Parties have fourteen days from a service of a Report and Recommendation of a United States Magistrate Judge to file written objections. See 28 U.S.C. § 636(b)(1)(C).1 Over fourteen days have elapsed since the R&R, and no objections have been filed. When parties do not file written objections, courts apply a “clearly erroneous, abuse of discretion and contrary to law” standard of review to a report and recommendation. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). After reviewing the R&R, the Court

1 Federal district courts conduct de novo review of those portions of a report and recommendation to which a party has objected. See 28 U.S.C. § 636(b)(1)(C) (“A judge . . . shall make a de novo determination of those portions of the report . . . to which objection is made . . . .”). agrees with Magistrate Judge Castaneda’s proposed findings of fact and conclusions of law and finds that they are neither clearly erroneous nor contrary to law. Accordingly, the Court ADOPTS the R&R, ECF No. 12, in its entirety, and ORDERS that Plaintiff’s Motion for Default Judgment, ECF No. 11, is GRANTED in part and DENIED in part.

IT IS FURTHER ORDERED that DEFAULT JUDGMENT is ENTERED in favor of Plaintiff Joe Hand Promotions, Inc. and against Defendants City Slickers Limited Liability Company and Kenneth O. Ekechukwu. IT IS FURTHER ORDERED that Defendants City Slickers Limited Liability Company and Kenneth O. Ekechukwu are jointly and severally liable and SHALL PAY Plaintiff: a. $1,080.00 in statutory damages pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II); b. $1,350.00 in enhanced damages pursuant to 47 U.S.C. § 605(e)(3)(C)(ii); c. $2,200.00 in attorneys’ fees pursuant to 47 U.S.C. § 605(e)(3)(B)(iii); and d. $417.00 in costs pursuant to 47 U.S.C. § 605(e)(3)(B)(iii).

In total, the Court GRANTS default judgment in favor of Plaintiff and against Defendants City Slickers Limited Liability Company and Kenneth O. Ekechukwu in the amount of $5,047.00 including costs. IT IS FURTHER ORDERED that all monetary judgments awarded herein shall accrue post-judgment interest at the legal rate prescribed by 28 U.S.C. § 1961, calculated from the date of this Order. The Clerk shall close the case. SO ORDERED. SIGNED this 20th day of May, 2025.

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