J & J Sports Productions, Inc v. Phair et al
Filing
34
ORDER by Judge Vince Chhabria granting 23 Motion for Default Judgment (knm, COURT STAFF) (Filed on 6/27/2014)
1
2
UNITED STATES DISTRICT COURT
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
J & J SPORTS PRODUCTIONS, INC,
Case No. 12-cv-05781-VC
Plaintiff,
6
v.
ORDER GRANTING DEFAULT
JUDGMENT
7
8
JOHN JEFFREY PHAIR, et al.,
Re: Docket No. 23
Defendants.
9
10
United States District Court
Northern District of California
11
J & J Sports Production, Inc. has sued John Phair and Phair's business, E.J. Phair Brewing
12
Company, for unlawfully intercepting and broadcasting a boxing match for which J & J Sports
13
owned the exclusive television distribution rights. Default was entered on February 7, 2013. J &
14
J Sports now moves for a default judgment against the defendants pursuant to Federal Rule of
15
Civil Procedure 55(b)(2).
16
The factors set forth by the Ninth Circuit in Eitel v. McCool, 782 F.2d 1470, 1471-92 (9th
17
Cir. 1986), weigh in favor of entering a default judgment. First, because default has been entered,
18
J & J Sports' factual allegations are accepted as true, except for those relating to the amount of
19
damages. Second, if the motion were denied, J & J Sports would be without a remedy and would
20
be prejudiced. Third, the amount of money at stake is moderate. Fourth, default was not the result
21
of excusable neglect. The defendants do not contest service, and in fact, made an appearance
22
stating their intention to default. See Docket No. 12.
23
Conversion
24
Taken as true, J & J Sports' factual allegations support a conversion claim: (1) J & J Sports
25
purchased licensing rights to the program at issue, (2) the defendants did not have the right to
26
broadcast it, and (3) the defendants' establishment has a capacity of 100 people, so they would
27
have been required to pay $2,200 for a subleasing agreement. Accordingly, J & J Sports is
28
entitled to damages for conversion and is awarded $2,200 for this claim.
1
Statutory Damages
J & J Sports also seeks damages under Section 605, but damages are more appropriate
3
under Section 553 in this case. Section 605 prohibits "radio" or satellite interception, while
4
Section 553 prohibits cable interception. See 47 U.S.C. §§ 605, 553. It also provides for higher
5
penalties than Section 553. J & J Sports does not provide any evidence that the defendants
6
transmitted the program via satellite, and its investigator does not state that he saw a satellite dish
7
on the property. See Declaration of Affiant, David Sims. Accordingly, the Court will apply
8
Section 553. See J & J Sports Prod., Inc. v. Sergura, 2014 WL 1618577, at *4 (N.D. Cal. April
9
21, 2014) (applying Section 553, rather than Section 605, where the plaintiff's investigator did not
10
state whether the broadcast was transmitted via satellite dish or cable box); J & J Sports Prod.,
11
United States District Court
Northern District of California
2
Inc. v. Concepcion, 2011 WL 2220101, at *4 (N.D. Cal. June 7, 2011) (same).
12
Under Section 553, a court may award up to $60,000 in statutory damages.
13
§553(c)(3)(A)(ii) and (c)(3)(B). The plaintiff's evidence in this case does not support a maximum
14
award. Although there were there were 30-40 patrons, there was no cover charge and no evidence
15
the restaurant charged a premium for food or drinks or advertised for the fight. Nor is there any
16
evidence regarding how many televisions showed the program. Furthermore, the defendants are
17
apparently first-time offenders. The Court finds that an award of $1,000 is sufficient to deter
18
future violations by the defendants and to compensate the plaintiff.
19
20
21
22
23
24
25
26
Accordingly, J & J Sports is awarded $3,200 in total damages.
Costs and Attorney's Fees
J & J Sports has until July 11, 2014 to file a motion for costs and attorney's fees. A
hearing on the motion should be noticed for August 21 or August 28, 2014.
IT IS SO ORDERED.
Dated: June 27, 2014
______________________________________
VINCE CHHABRIA
United States District Judge
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?