Jewels Connection, Inc. v. OroClub.com

District Court, E.D. Virginia

Jewels Connection, Inc. v. OroClub.com

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division JEWELS CONNECTION, INC., ) Plaintiff, ) ) v. ) Civil No. 1:20-cv-0364-TSE-MSN . } OROCLUB.COM, an internet domain name, and JOHN DOE, } Defendants. ) ORDER On August 10, 2020, United States Magistrate Judge Michael $. Nachmanoff entered a Report and Recommendation (the “Report”) in this case, recommending that default judgment be entered in favor of Plaintiff Jewels Connection, Inc. and against Defendants OroClub.com and John Doe. . Upon consideration of the record and Judge Nachmanoff’s Report, to which no objections have been filed, and having found no clear error,! The Court ADOPTS, as its own, the findings of fact and recommendations of the United States Magistrate Judge, as set forth in the Report (Dkt. 20). Accordingly, It is hereby ORDERED that Plaintiff's Motion for Default Judgment (Dkt, 15) is GRANTED.”

' See Diamond v. Colonial Life & Ace. Ins, Co.,

416 F.3d 310, 315

(4th Cir. 2005) (in the absence of any objections to a magistrate’s report, the court “need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. ’”). ? Plaintiff's Motion for Default Judgment only sought default as to Count J of the Complaint and

Itis further ORDERED that judgment is ENTERED by default in favor of Plaintiff Jewels Connection, Inc. and against Defendants OroClub.com and John Doe on Count I of the Complaint (Dkt. 1). It is further ORDERED that the Preliminary Injunction dated May 12, 2020 (Dkt. 13) is hereby converted into a PERMANENT INJUNCTION. it is further ORDERED that Verisign, Inc. is DIRECTED to change the registrar of OroClub.com to GoDaddy.com, LLC, and GoDaddy.com, LLC is DIRECTED to return the registration and control of the domain name to Plaintiff. It is further ORDERED that the Clerk of Court shall return to Plaintiff the $500 bond posted as security for the Preliminary Injunction (Dkt. 13), It is further ORDERED that Counts IT, IN, JV, and V of the Complaint (Dkt, 1) shall be, and hereby are, DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is directed to enter Rule 58 judgment in accordance with this Order and to place this matter among the ended causes. The Clerk is further directed to provide a copy of this Order to all counsel of record and to defendants at their last known email address, [email protected].

Alexandria, Virginia □ August 28, 2020 fs) fs / T.S. Ellis, // United States Distric Judge

agreed to dismissal of the remaining counts, namely Counts II, Il, IV, and V, without prejudice.

Reference

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