UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
August 26, 2008
J&J SPORTS PRODUCTIONS, INC., PLAINTIFF,
ELTON XHEMALI, INDIVIDUALLY AND D/B/A SADONA CORPORATION D/B/A B D LIQUORS AND SADONA CORPORATION D/B/A B D LIQUORS, DEFENDANTS.
PLAINTIFF'S MOTION FOR PROVE-UP
COMES NOW the Plaintiff, J&J SPORTS PRODUCTIONS, INC., by and through its attorneys, ZANE D. SMITH & ASSOCIATES, LTD. and moves this Honorable Court for the entry of a Prove-up Order against ELTON XHEMALI, individually and SADONA CORPORATION, d/b/a B D LIQUORS and in support thereof, states as follows:
1. That on July 21, 2008 this Honorable Court entered default judgment against the Defendants and set this matter for prove up.
2. 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 up to:
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 605 of the Copyright Act:
3. That in the instant matter, there were was (4) 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;"
4. That Plaintiff hereby requests an amount not in excess of Five Hundred Thousand and No/100 ($500,000.00) Dollars as Statutory liquidated damages.
5. That Plaintiff is further entitled to Two Thousand Five Hundred Eight One and 25/100 ($2,581.25 ) Dollars for attorney's fees and costs; See Affidavit of Plaintiff's Counsel, Zane D. Smith, attached hereto and made a part hereof, marked "Plaintiff's Exhibit B."
WHEREFORE, the Plaintiff, J&J SPORTS PRODUCTIONS, INC., respectfully prays this Honorable Court for the entry of an Order in Plaintiff's favor and against the defendants, in an amount not in excess of Five Hundred Thousand and No/100 ($500,000.00) Dollars as Statutory liquidated damages, attorney's fees and costs in the amount of Two Thousand Five Hundred Eight One and 25/100 ($2,581.25 ) Dollars and for such other relief as this Court deems just and right.
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