`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
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`CASE NO.: 21-cv-21698-GAYLES/TORRES
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`ATHOS OVERSEAS LIMITED CORP.,
` Plaintiff,
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`v.
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`YOUTUBE, INC., YOUTUBE, LLC,
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`GOOGLE, LLC.,
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` Defendants.
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`___________________________________/
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`ORDER
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`THIS CAUSE comes before the Court on Defendants YouTube, Inc., YouTube LLC, and
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`Google, LLC’s (“Defendants”) Motion for Bill of Costs (“Motion for Costs”), [ECF No. 191], and
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`Motion for Attorneys’ Fees (“Motion for Fees”), [ECF No. 196]. The action was referred to Chief
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`Magistrate Judge Edwin Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pretrial,
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`non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No.
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`155]. On May 2, 2024, Judge Torres issued his report recommending that the Motions for Fees and
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`Motion for Costs be granted in part and denied in part. (the “Report”). [ECF No. 206].1 Although
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`Judge Torres found that YouTube was entitled to fees related to Plaintiff’s FDUTPA claim
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`(“FDUTPA fees”), he ordered YouTube to file a supplemental motion addressing the amount of
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`fees sought. Id. Defendants timely filed their objections to the Report on May 16, 2024
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`(“Objections”). [ECF No. 207]. Plaintiff did not file any objections to the Report, but it did file a
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`1 In his Report, Judge Torres denied Plaintiff’s request that the Court defer ruling on the Motion pending its appeal
`to the Eleventh Circuit.
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`
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`Case 1:21-cv-21698-DPG Document 210 Entered on FLSD Docket 07/16/2024 Page 2 of 3
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`response to Defendants’ Objections. [ECF No. 209]. On May 22, 2024, parties filed a Joint
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`Stipulation wherein they resolved the amount of fees YouTube is entitled to in connection with
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`Plaintiff’s FDUPTA claim. [ECF No. 202].2 Therefore the only portions of the Report that are
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`objected to are those pertaining to YouTube’s fees under Section 505 of the Copyright Act
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`(“Copyright Act Fees”).
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`A district court may accept, reject, or modify a magistrate judge’s report and
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`recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which
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`objection is made are accorded de novo review, if those objections “pinpoint the specific findings
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`that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see
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`also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific
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`objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint
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`Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc.,
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`208 F. App’x 781, 784 (11th Cir. 2006).
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`In his Report, Judge Torres recommends that the Court deny Plaintiff’s request to defer
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`ruling on the Motions, grant the Motion for Fees as to YouTube’s FDUPTA fees, deny the Motion
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`for Fees as to YouTube’s Copyright Act fees, and grant the Motion for Costs. Upon de novo
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`review, the Court agrees with Judge Torres’s well-reasoned analysis and conclusion that the
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`Motions should be granted in part and denied in part.
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`CONCLUSION
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`Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
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`(1)
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` Judge Torres’s Report and Recommendation, [ECF No. 206], is ADOPTED in
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`full;
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`2 Therefore, Judge Torres’s directive to the Parties to file supplemental briefing regarding the amount of FDUPTA
`fees YouTube is entitled to is now moot.
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`2
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`Case 1:21-cv-21698-DPG Document 210 Entered on FLSD Docket 07/16/2024 Page 3 of 3
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`(2)
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`(3)
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`(4)
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` Defendants’ Motion for Costs [ECF No. 191] is GRANTED.
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`Defendants shall be awarded $27,212.20 in costs.
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`Defendants’ Motion for Fees [ECF No. 196] is GRANTED in part and DENIED
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`in part:
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`a. Defendants’ motion for fees under FDUPTA is GRANTED. YouTube shall be
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`awarded $64,806 in attorneys’ fees under FDUPTA.
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`b. Defendants’ motion for fees under the Copyright Act is DENIED.
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`DONE AND ORDERED in Chambers at Miami, Florida, this 16th day of July, 2024.
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`________________________________
`DARRIN P. GAYLES
`UNITED STATES DISTRICT JUDGE
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`3
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