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07-2339 - Joe Hand Promotions, Inc. v. 143-08 94th Corp. et al


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07-2339 - Joe Hand Promotions, Inc. v. 143-08 94th Corp. et al
June 13, 2008
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/13/08. (Mann, Roanne)REPORT AND RECOMMENDATIONS: It is the recommendation of this Court that judgment be vacated as to defendant Duran, and that plaintiff be awarded $2,250 in statutory damages, plus an additional $10,000 in enhanced damages, and $970 in attorneys' fees and costs, for a total award of $13,220 against defendant Kalua. Any objections to the recommendations contained herein must be filed with Judge Mauskopf on or before 6/25/2008. Ordered by Magistrate Judge Roanne L. Mann on 6
August 7, 2008
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ORDER: Upon review of the record, this Court concurs with Magistrate Judge Roanne L. Mann's unopposed June 13, 2008 16 Report and Recommendations, and adopts said Report and Recommendation in its entirety. Therefore, this Court ORDERS as follows: 1) Plaintiff is awarded $2,250 in statutory damages, plus an additional $10,000 in enhanced damages, and $970 in attorneys' fees and costs, for a total award of $13,220 against defendant 143-08 94th Corp., doing business as Kalua Restaurant & Lounge, also known as Kalua Cabaret. 2) The default judgment as to defendant Roger Duran granted by this Court on Feburary 11, 2008 is hereby vacated for the reasons set forth in MJ Mann's Report and Recommendation. 3) Plaintiff is hereby given 30 days from the date of this Order to amend its complaint as to the claims against Roger Duran, or to advise the court that Plaintiff no longer wishes to pursue said claims. Should Plaintiff fail to so do, the Court will dismiss the action against Duran. Ordered by Judge Roslynn R. Mauskopf on 7/7/2008. (Brucella, Michelle)