The opinion of the court was delivered by: Judge Kendall
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 ...