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Garden City Boxing Club, Inc. v. Coco

March 26, 2007

GARDEN CITY BOXING CLUB, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
ANTHONY LA COCO, INDIVIDUALLY AND LACOCO PIZZA & PASTA, INC., AN ILLINOIS CORPORATION, D/B/A LA COCO'S, DEFENDANTS.



The opinion of the court was delivered by: Judge Kendall

I.D. 06184814

File No. 3632

Magistrate Judge Schenkier

PLAINTIFF'S MOTION FOR PROVE-UP

COMES NOW the Plaintiff, GARDEN CITY BOXING CLUB, INC., a California corporation, by and through its attorneys, ZANE D. SMITH & ASSOCIATES, LTD. and moves this Honorable Court for the entry of a Prove-up Order against ANTHONY LA COCO, individually and LACOCO PIZZA & PASTA d/b/a LACOCO's and in support thereof, states as follows:

1. That on September 13, 2006, the Plaintiff, GARDEN CITY BOXING CLUB, INC. (herein referred to as "GARDEN CITY"), filed the present cause of action with the Clerk of this Court;

2. That on September 29, 2006 the Defendants, ANTHONY LA COCO and LACOCO PIZZA & PASTA d/b/a LACOCO'S were served with a copy of the Complaint and Summons;

3. That Defendant failed to Appear and Answer and on January 16, 2007, this Court found the defendants to be in default;

4. That this matter is brought pursuant to the Communications Act of 1934, 47 U.S.C. § 151 et seq. as amended by the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq and the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq.;

That the aforesaid Act provides for statutory liquidated damages to wit:

a) Sixty Thousand ($60,000.00) Dollars for each violation of Section 553 of the Cable Communications Act;

b) One Hundred Ten Thousand ($110,000.00) Dollars for each violation of Section 6504 of the Copyright Act:

5. That in the instant matter, there were twelve (12) violations of the aforesaid provisions of the Cable Communication Act; See the Affidavit of the Investigator, attached hereto and made a part hereof, marked "Plaintiff's Exhibit A;"

6. That Plaintiff is therefore entitled to Two Million Forty Thousand and No/100 ($2,040,000.00) Dollars as ...


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