Joe Hand Promotions, Inc. v. MacLeroy et al

Filing 16

JUDGMENT: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the 14 Motion for Final Default Judgment is granted as follows: 1. That Judgment by default be entered in favor of Plaintiff and against Defendants, Yance E. MacLeroy, individually and as an officer, director, shareholder and/or principal of Firenze II, LLC d/b/a Caf Firenze II and Firenze II, LLC d/b/a Caf Firenze II. 2. That Plaintiff recover statutory damages pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II) from Defendants in the amount of $10,000.00. 3. That Plaintiff recover additional damages pursuant to 47 U.S.C. § 605(e) 3)(C)(ii) from Defendants in the amount of $50,000.00. 4. That Plaintiff recovers attorneys' fees from defendants in the amount of $1,500.00 and costs in the amount of $475.00 relating to the prosecution of this matter. 5. That Plaintiff recover, in the event Defendants fail to voluntarily pay the judgment, is entitled to reasonable attorneys' fees for post-trial and appellate services. 6. The Court also enjoin Defendants from ever intercepting or exhibiting an unauthorized program in violation of the Federal Communications Act. 7. The Court also awards Plaintiff court costs and post-judgment interest on the amounts awarded herein at an annual rate of 12% per annum from the date of this Judgment until paid. 8. All writs and process for the enforcement and collection of this judgment may issue as necessary. In connection with any Writ of Execution i n this case, the Court directs the United States Marshals Service to use any means or force reasonably necessary to satisfy this Judgment. 9. This judgment is a final judgment. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. This case is closed. Signed by Honorable Judge Myron H. Thompson on 9/28/2015. (Attachments: # 1 Civil Appeals Checklist)(kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOE HAND PROMOTIONS, INC., )
)
Plaintiff,
)
)
v.
)
)
YANCE E. MACLEROY and
)
FIRENZE II, LLC d/b/a Cafe )
Firenze II,
)
)
Defendants.
)

CIVIL ACTION NO.
2:14cv622-MHT
(WO)

JUDGMENT
Upon

consideration

of

Plaintiff’s

Motion

for

Final

Default Judgment (“Motion”), the accompanying Memorandum
of Points and Authorities in Support thereof and evidence,
the pleadings on file, and the relevant authorities, the
Court concludes that Plaintiff has established that it is
an aggrieved party under the Federal Communications Act,
47

U.S.C.

election

§§
to

553
seek

and

605

statutory

and

recognizes

damages.

The

Plaintiff’s
Court

also

concludes that it has jurisdiction over the subject matter
and

parties

MacLeroy,

to

this

action;

individually

and

that
as

an

Defendants,
officer,

Yance

E.

director,

shareholder and/or principal of Firenze II, LLC d/b/a Café
Firenze

II

and

Firenze

II,

LLC

d/b/a

Café

Firenze

II

(hereinafter “Defendants”) failed to answer or otherwise
defend as provided by the Federal Rules of Civil Procedure
following

proper

service;

that

the

allegations

in

Plaintiff’s Original Complaint are deemed admitted against
Defendants; that Defendants exhibited the closed circuit,
“UFC 144: Edgar v. Henderson” Broadcast, including all
undercard

bouts

and

the

entire

television

broadcast,

scheduled for February 25, 2012, (hereinafter “Broadcast”)
without authorization from Plaintiff; and that Defendants’
actions

were

willful

and

for

purposes

of

direct

or

indirect commercial advantage or private financial gain.
Therefore,

additional

damages

are

warranted

in

this

action.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the
Motion for Final Default Judgment (doc. no. 14) is granted
as follows:
1. That Judgment by default be entered in favor of
Plaintiff

and

individually

against

and

as

an

Defendants,

Yance

E.

officer,

director,

MacLeroy,
shareholder

and/or principal of Firenze II, LLC d/b/a Café Firenze II
and Firenze II, LLC d/b/a Café Firenze II.
2

2. That Plaintiff recover statutory damages pursuant
to 47 U.S.C. § 605(e)(3)(C)(i)(II) from Defendants in the
amount of $10,000.00.
3. That Plaintiff recover additional damages pursuant
to 47 U.S.C. § 605(e)(3)(C)(ii) from Defendants in the
amount of $50,000.00.
4.

That

Plaintiff

recovers

attorneys’

fees

from

Defendants in the amount of $1,500.00 and costs in the
amount

of

$475.00

relating

to

the

prosecution

of

this

matter.
5. That Plaintiff recover, in the event Defendants
fail

to

voluntarily

pay

the

judgment,

is

entitled

to

reasonable attorneys’ fees for post-trial and appellate
services.
6.

The

intercepting

Court
or

also

enjoin

exhibiting

an

Defendants
unauthorized

from

ever

program

in

violation of the Federal Communications Act.
7. The Court also awards Plaintiff court costs and
post-judgment interest on the amounts awarded herein at an
annual

rate

of

12%

per

annum

Judgment until paid.
3

from

the

date

of

this

8.

All

writs

and

process

for

the

enforcement

and

collection of this judgment may issue as necessary. In
connection with any Writ of Execution in this case, the
Court directs the United States Marshals Service to use
any means or force reasonably necessary to satisfy this
Judgment.
9. This judgment is a final judgment.
The

clerk

of

the

court

is

DIRECTED

to

enter

this

document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 28th day of September, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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