UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

ALEXANDER BAYONNE STROSS,

Plaintiff,

v. Case No. 6:19-cv-388-Orl-37LRH

CHARLES L. ROBERSON, JR.,

Defendant. _____________________________________

ORDER Plaintiff Alexander Bayonne Stross sued Defendant Charles L. Roberson, Jr. for copyright infringement of Plaintiff’s photograph with copyright registration number VAu 1-088-759 (“Photograph”) in violation of

. (Doc. 1 (“Complaint”).) Plaintiff successfully obtained an entry of default against Defendant. (Docs. 12, 13.) Now, Plaintiff requests default judgment, damages, attorneys’ fees and costs, and a permanent injunction against Defendant. (Doc. 14 (“Motion”).) On referral, U.S. Magistrate Judge Leslie R. Hoffman recommends the Court grant the motion in part. (Doc. 17 (“R&R”).) Specifically, Magistrate Judge Hoffman recommends the Court: (1) enter a default judgment and permanent injunction against Defendant; (2) award Plaintiff statutory damages in the amount of $45,000; (3) award Plaintiff attorneys’ fees and costs in the amount of $3,553.85; and (4) deny the motion in all other respects. (Id.) The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,

, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc.,

(11th Cir. 2006). Finding no such error, the

Court finds that the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Leslie R. Hoffman’s Report and Recommendation (Doc. 17) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff’s Motion for Entry of Final Judgment by Default Against Defendant Charles L. Roberson, Jr. (Doc. 14) is GRANTED IN PART AND

DENIED IN PART. 3. The Motion is GRANTED as follows: a. Default Judgment is entered in favor of Plaintiff Alexander Bayonne Stross and against Defendant Charles L. Roberson, Jr. b. The Defendant Charles L. Roberson, Jr. his employees, agents,

officers, directors, attorneys, successors, affiliates, subsidiaries and assigns, and all those in active concert and participation with him are PERMANENTLY ENJOINED from: i. Directly or indirectly infringing the Plaintiff Alexander Bayonne Stross’ copyright in the Photograph with

registration number VAu 1-088-759; ii. Continuing to market, offer, sell, dispose of, license, lease, transfer, publicly display, advertise, reproduce, develop, or manufacture any works derived or copied from the Photograph with registration number VAu 1-088-759, or to participate or assist in any such activity; and

iii. Directly or indirectly reproducing, displaying, distributing, otherwise using, or retaining any copy, whether in physical or electronic form, of the Photograph with registration number VAu 1-088-759. c. The Court AWARDS Plaintiff Alexander Bayonne Stross statutory damages in the amount of $45,000 and $3,553.85 in attorneys’ fees

and costs against Defendant Charles L. Roberson, Jr. 4. In all other respects, the Motion is DENIED. 5. Plaintiff Alexander Bayonne Stross is DIRECTED to serve a copy of this Order on Defendant Charles L. Roberson, Jr. at his last known residential address via regular U.S. Mail.

6. The Clerk is DIRECTED to: a. Enter default judgment in favor of Plaintiff Alexander Bayonne Stross and against Defendant Charles L. Roberson, Jr. in the total amount of $48,553.85; and b. Close the case.

DONE AND ORDERED in Chambers in Orlando, Florida, on October 21, 2019. Or ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record