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Case 5:21-cv-01422-EJD Document 25 Filed 11/22/21 Page 1 of 1
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`DAVID OPPENHEIMER,
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`Plaintiff,
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`v.
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`PLEXUSS, INC.,
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`Case No. 5:21-cv-01422-EJD
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`ORDER ADOPTING MAGISTRATE
`JUDGE’S REPORT AND
`RECOMMENDATION
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`Defendant.
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`Re: Dkt. Nos. 15, 20
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`The Court has reviewed Magistrate Judge Joseph C. Spero’s Report and Recommendation
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`Regarding Motion for Default Judgment, as well as Plaintiff David Oppenheimer’s response to the
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`Report. Although styled as “objections,” Oppenheimer’s response filed by his counsel expressly
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`states that “Plaintiff is not requesting any specific action to be taken as a result of this filing . . . .”
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`Dkt. No. 24 ¶ 5. The Court therefore understands Oppenheimer as not objecting to Judge Spero’s
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`Report.
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`The Court finds the Report correct, well-reasoned, and thorough, and adopts it in every
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`respect. Accordingly, the Court GRANTS IN PART default judgment as to Oppenheimer’s
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`copyright claim but DENIES IN PART default judgment as to his DMCA claim. The Court
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`awards Oppenheimer $12,029 inclusive of costs but denies the request for attorneys’ fees.
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`IT IS SO ORDERED.
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`Dated: November 22, 2021
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`______________________________________
`EDWARD J. DAVILA
`United States District Judge
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`Case No.: 5:21-cv-01422-EJD
`ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
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`Northern District of California
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`United States District Court
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