Disney Enterprises, Inc. v. Stephen Slesinger, Inc.

MEMORANDUM

Stephen Slesinger, Inc. (“SSI”) appeals the district court’s denial of its motion for attorney’s fees under the Copyright Act. We have jurisdiction under 28 U.S.C. § 1291 , and, reviewing the district court’s order for an abuse of discretion, Ets-Hokin v. Skyy Spirits Inc., 323 F.3d 763, 766 (9th Cir.2003), we affirm.

The district court did not err when it ruled on SSI’s fee application without holding a hearing. The rules only require that a district court give the parties “notice and an opportunity to be heard,” Fed. R.Civ.P. 53(f)(1), which “does not require an oral or evidentiary hearing on the issue.” Pac. Harbor Capital, Inc. v. Carnival Air Lines, Inc., 210 F.3d 1112, 1118 (9th Cir.2000). And the district court’s reference order to the Special Master merely clarified that the court, and not the parties, would set hearings on objections or motions stemming from the Special Master’s report and recommendations.

Nor did the district err by failing to give SSI the opportunity to respond to Disney Enterprises, Inc.’s (“Disney”) objections to the Special Master’s report and recommendations. SSI never sought leave from the district court to respond to Disney’s…