Catron

Yelp Inc. v. Catron

Caution
70 F. Supp. 3d 1082·2014 WL 4966706·2014 U.S. Dist. LEXIS 140481
United States District Court, Northern District of CaliforniaOctober 1, 2014Case No. 13-cv-02859-WHOCalifornia8,262 words

Opinion

Lead Opinion

Orrick, J.

ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT

Re: Dkt. Nos. 17,

This order concerns Magistrate Judge Kandis A. Westmore’s September 8, 2014 report and recommendation, in which she recommends that this Court grant default judgment in favor of plaintiff Yelp,. Inc. (‘Yelp”) but reduce the award of statutory damages from $2,000,000 to $45,000. Dkt. No. 30. Yelp filed objections to the damages recommendation on September 25, 2014, three days after the fourteen day deadline set by Federal Rule of Civil Procedure 72. Dkt. No. 32. I have consid *1089 ered Yelp’s objections despite their tardy arrival.

Under 28 U.S.C. § 636 (b)(1), the district court must “make a de novo determination of those portions of the [magistrate judge’s] report or ... recommendations to which objection is made” and may then “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id. Having considered the report and recommendation, Yelp’s papers (including its objections), the record in this case, and the relevant legal authority, I agree with Judge Westmore’s determination that Yelp’s…

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