Mayweather v. Wine Bistro, LLC, No. 2:2013cv00210 - Document 59 (D. Nev. 2014)

Court Description: ORDER Adopting 58 Report and Recommendation. FURTHER ORDERED that 46 Amended MOTION for Default Judgment is GRANTED. FURTHER ORDERED that Final Judgment is entered in favor of Mayweather and against the Wine Bistro and 2nd To None Entertainm ent, jointly and severally. FURTHER ORDERED that The Wine Bistro, 2nd To None Entertainment, their officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with them, are permanently enjoined from using the Plaintiff's name and likeness for commercial gain. The clerk of court is instructed to enter judgment accordingly and close this case. Signed by Judge Jennifer A. Dorsey on 12/4/14. (Copies have been distributed pursuant to the NEF - MMM)
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Mayweather v. Wine Bistro, LLC Doc. 59 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Floyd Mayweather, Case No.: 2:13-cv-210-JAD-VCF 5 Plaintiff, 6 v. 7 Order Adopting Report and Recommendation [Doc. 58] and Granting Mayweather’s Amended Motion for Default Judgment [Doc. 46] The Wine Bistro, et al., 8 Defendants. 9 10 11 Plaintiff Floyd Mayweather filed an Amended Motion for Default Judgment against 12 remaining defendants 2nd To None Entertainment and The Wine Bistro in this case,1 in 13 which he seeks (1) statutory damages under NRS § 597.810; (2) an award of reasonable 14 attorney’s fees and costs; and (3) an order permanently enjoining defendants from “using 15 Plaintiff’s name, likeness, or persona without authorization.” Doc. 46 at 14-16. The matter 16 was referred to U.S. Magistrate Judge Cam Ferenbach for findings and recommendations. 17 After conducting an evidentiary hearing, Judge Ferenbach issued a detailed, 18-page 18 evaluation of Mayweather’s motion, which recommended granting the request for a default 19 judgment against both remaining defendants; awarding Mayweather statutory damages of 20 $2,250—treble the statutory minimum—under NRS § 597.810; awarding Mayweather 21 attorney fees of $17,408.48 and costs of $1,084; and permanently enjoining The Wine Bistro 22 and 2nd To None Entertainment, their “officers, agents, servants, employees, and attorneys, 23 and other persons who are in active concert and participation with” them, “from using 24 Plaintiff’s name and likeness for commercial gain.” Doc. 58 at 16-17. Additionally, as all 25 other defendants had been previously dismissed from the case, Judge Ferenbach recommends 26 27 28 1 Mayweather also sued Maurice Flippen, Ronald Daniels, Blake Turner, Lee Bates, Ernest Johnson, Jr., ZB Entertainment LLC, Zakee Boyd, Leber Inc., and Anward “Ward” Jenkins. Doc. 6 at 2-3. All of these defendants had been terminated from the case by the time Mayweather filed his Amended Motion for Default Judgment. 1 Dockets.Justia.com 1 entering a final judgment against The Wine Bistro and 2nd To None Entertainment. Id. at 2 17. 3 Judge Ferenbach issued his report and recommendation on November 17, 2014. 4 Objections were due December 2, 2014. No objections have been filed. “[N]o review is 5 required of a magistrate judge’s report and recommendation unless objections are filed.”2 6 Accordingly, and with good cause appearing, 7 It is HEREBY ORDERED that Magistrate Judge Ferenbach’s report and 8 9 10 11 recommendation [Doc. 58] is ADOPTED. It is FURTHER ORDERED that Mayweather’s Amended Motion for Default Judgment [Doc. 46] is GRANTED. It is FURTHER ORDERED, ADJUDGED, and DECREED that Final Judgment is 12 entered in favor of Mayweather and against the Wine Bistro and 2nd To None Entertainment, 13 jointly and severally as follows: 14 1. Damages in the amount of $2,250. NRS § 597.810(b)(1); 15 2. Attorney fees in the amount of $17,408.08. 15 U.S.C. § 1117(a); NRS § 41.600(3)(c); and 16 17 3. Costs of $1,084. 15 U.S.C. § 1117(a); NRS § 41.600(3)(c). 18 It is FURTHER ORDERED, ADJUDGED, and DECREED that The Wine Bistro, 2nd 19 To None Entertainment, their officers, agents, servants, employees, and attorneys, and other 20 persons who are in active concert or participation with them, are permanently enjoined from 21 using the Plaintiff’s name and likeness for commercial gain. 15 U.S.C. § 1116(a); NRS § 22 597.810(1)(a). 23 The clerk of court is instructed to enter judgment accordingly and close this case. 24 DATED: December 4, 2014. ___ _ _____________________ _ _ _ _________________________________ nifer Dorsey f y Jennifer A. Dorsey ed States t Judge United States District Judge 25 26 27 28 2 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003). See also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 2