Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Blanche M. Manning than Assigned Judge
For the reasons stated below, the plaintiff's motion for default judgment [13-1] is granted as follows. As to Count I, the court awards the plaintiff $2,365.00 in statutory damages, $5,000 in enhanced damages and the requested attorneys' fees and costs, which the court concludes are reasonable, in the amount of $1,737.50, for a total award of $9,102.50. Counts II and III are dismissed with prejudice and the clerk is directed to enter a Rule 58 judgment terminating this case.
O[ For further details see text below.]
Plaintiff J&J Sports Productions, Inc. brought suit against defendant, Arturo Calderon d/b/a Arturo's LLC d/b/a Arturo's Tacos and Arturo's LLC d/b/a Arturo's Tacos, seeking to recover for the alleged unlawful interception and exhibition of a boxing match entitled "'Fast and Furious': Shane Mosley v. Miguel Cotto, WBA Welterweight Championship Fight Program" (the "Program"), which aired on November 10, 2007. The plaintiff's first amended complaint alleges three counts: Count I under 47 U.S.C. § 605; Count II under 47 U.S.C. § 553; and Count III for conversion.
After being served, the defendant never answered or appeared and the court entered default under Fed. R. Civ. P. 55(a) on February 4, 2010. Currently before the court is the plaintiff's motion for default judgment and prove-up.
The facts alleged in the plaintiff's complaint are deemed true as a result of the defendants' default. In re Catt, 368 F.3d 789, 793 (7th Cir. 2004). The plaintiff entered into sublicensing agreements with various commercial entities throughout North America granting them rights to publicly exhibit the Program within their respective establishments. The plaintiff expended substantial monies marketing, advertising, promoting, administering and transmitting the Program to its customers. With full knowledge that the Program was not to be intercepted, received, or exhibited by entities unauthorized to do so, the defendant willfully and unlawfully published, divulged and exhibited the Program at the time of its transmission. The motion for prove-up does not mention the conversion count, so the court assumes that the plaintiff is not pursuing relief under that count.
As to the current motion, the plaintiff has submitted the affidavit of one Aaron Lockner attesting to the fact that on November 10, 2007, he entered Arturo's at 7260 W. 79th Street in Bridgeview, IL 60455 at approximately 9:05 p.m and observed seven television sets broadcasting boxing matches. Mr. Lockner's affidavit states that:
Upon entering the establishment, I observed six 20 inch wall mounted televisions and one 60 inch projection screen displaying the HBO Pay Per View Boxing event. I observed rounds 11 and 12 of the Joel Casamayor v. Jose Armando Santa Cruz match, resulting in Joel Cassamayor [sic] being declared the winner of the fight via a split decision.
As indicated in the plaintiff's complaint, Exhibit C to the instant motion , the boxing match between Shane Mosley and Miguel Cotto was an undercard bout to the Casamayor/Santa Cruz fight.
The plaintiff states that it is seeking damages only under 47 U.S.C. § 605, Count I, which was pled in the alternative to Count II under § 553. As noted by another court in this district, "J & J is permitted to plead its § 553 and § 605 claims in the alternative, but it may recover damages only under one of those statutes."
J & J Sports Productions, Inc. v. Resendiz, 08 C 4121, 2009 WL 1953154, at *2 (N.D. Ill. Jul. 2, 2009)(citation omitted). The plaintiff does not seek ...