UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
August 31, 2010
ARISTA RECORDS, LLC., ET AL., PLAINTIFFS,
MYXER, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Gary A. Feess United States District Judge
ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the attached Report and Recommendation of United States Magistrate Judge, the parties' submissions referenced therein, and the parties' objections and motions seeking review of the Report and Recommendation. The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made/review is sought.*fn1
The Court approves and adopts the United States Magistrate Judge's Report and Recommendation, except that all references to March 8, 2008 are amended to March 6, 2008.
IT IS ORDERED that plaintiffs' request that the Court preclude defendant from contending that the works reflected on Schedule A of the Complaint have not been downloaded by users of defendant Myxer, Inc.'s website is granted and that plaintiffs' request that the Court strike defendant Myxer, Inc.'s Answer or its Digital Millennium Copyright Act and fair use defenses is denied.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order, and the United States Magistrate Judge's Report and Recommendation, on counsel for the parties.