The opinion of the court was delivered by: Judge James B. Zagel
MEMORANDUM OPINION AND ORDER
Mayorga opens with a right that is blocked. De La Hoya measures Mayorga with his left jab. Mayorga scores with a straight right. De La Hoya responds with a flurry and knocks down Mayorga for a second time. De La Hoya continues the attack, hitting Mayorga mercilessly for the knock-out.
David Cooper, Danger Zone: Mayorga - De La Hoya Round by Round, ESPN.COM, May 6, 2006 http://sports.espn.go.com/sports/boxing/news/story?id=2435518. So went the sixth round, and with that, Oscar "The Golden Boy" De La Hoya beat Ricardo "El Matador" Mayorga to take the World Boxing Council's Super Welterweight crown on May 6, 2006.
J&J Sports Productions ("J&J"), the Plaintiff here, had exclusive commercial rights to distribute the broadcast of that fight to hospitality businesses. J&J sued the Defendants here on the theory that Defendants displayed the fight in their sports bar without permission from or payment to J&J. Defendants answered the complaint with denials, but since that filing they have been essentially absent from this lawsuit. J&J moves for summary judgment based in part on facts they have established through discovery and in part on facts I have deemed admitted because of Defendants' near-total lack of cooperation in the litigation. The motion is granted.
Summary judgment under Rule 56 is appropriate if the evidence demonstrates that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56( c). See Celotex v. Catrett, 477 U.S. 317, 422 (1986); see also Vision Church v. Vill. of Long Grove, 468 F. 3d 975, 988 (7th Cir. 2006). A court evaluates the evidence in the light most favorable to the non-moving party, making no determinations about the credibility of witnesses or the weight of the evidence. See Anderson v. Liberty Lobby, Inc. 477 U.S. 242, 255 (1986); see also Abdullahi v. City of Madison, 423 F.3d 763, 773 (7th Cir. 2008).
The evidence submitted in summary judgment briefing and argument must be admissible at trial, though sworn testimony, such as from a deposition or affidavit, may be considered. Hemsworth v. Quotesmith.com, Inc., 476 F.3d 487, 490 (7th Cir. 2007); Scott v. Edinburg, 346 F.3d 752, 759-60, n. 7 (7th Cir. 2003).
Through Rule 36, parties may seek to have "facts, the application of law to fact, or opinions about either" admitted. Fed. R. Civ. P. 36(a). If not answered or objected to within thirty days of service (or without some relief from the court) the matters are deemed "conclusively established." Fabriko Acquisition Corp. v. Prokos, 536 F.3d 605, 607 (7th Cir. 2008).
J&J was granted the exclusive nationwide television distribution rights to Danger Zone: The Oscar De La Hoya v. Ricardo Mayorga Championship Fight Program (the "Program"). The Program included the title fight itself, several undercard bouts, and commentary. J&J made its money by offering sublicenses of the Program to establishments like casinos, bars, and restaurants that wanted to show the fight to patrons. The prices were determined by the size and nature of the establishment.
Selena's Sports Bar was one such establishment. Located at 6320 W. 26th Street in Berwyn, Illinois, it is the business operation of the Defendants. The going rate for a sublicense for an establishment like Selena's was $2,000. Rather than pay the $2,000, however, Defendants received and decoded the satellite signal and displayed the Program to approximately forty patrons. They enticed those patrons at least in part by advertising the fight. The patrons had paid a cover charge or some other fee to enter and watch the fight broadcast on one of two screens on which it was displayed. The Defendants did all this willfully, with full knowledge that proper licensing was required from J&J. Defendants' motivation in receiving and broadcasting the Program was their own financial gain.
J&J knew of Selena's display of the Program because they had a private investigator go to Selena's on the night of the fight on the suspicion that Selena's would illicitly show the Program to patrons. The investigator reported his findings back to J&J, and on that basis J&J filed suit on May 6, 2008. Defendants did not answer the complaint initially. After J&J moved for default, Defendants answered with rote denials on March 12, 2009. Other than the single, compelled deposition of Linda Angulo on April 14, 2010, Defendants did not meaningfully respond to any discovery requests from J&J, including document requests, interrogatories, and requests for admission. The latter request was served on June 8, 2009 and as of July 9, 2010 Defendant had not answered, responded, or otherwise requested relief. I therefore deemed the facts admitted in an order entered on August 16, 2010.
In the same order I denied J&J's first motion for summary judgment without prejudice because it did not contain a Local Rule 56.1 statement of facts. J&J has now properly moved for summary judgment, with nothing heard from the Defendants despite a response deadline that passed on October 28, 2010. J&J seeks $2,000.00 in statutory damages under 47 U.S.C. § 605(e)(3)(C)(i)(II), an ...