J & J Sport Productions, Inc., v. Medina et al

Filing 17

ORDER GRANTING IN PART PLAINTIFF'S 14 APPLICATION FOR DEFAULT JUDGMENT; VACATING HEARING. Signed by Judge Maxine M. Chesney on April 22, 2013. (mmclc2, COURT STAFF) (Filed on 4/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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J & J SPORTS PRODUCTIONS, INC.,
Plaintiff,

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No. C 12-5783 MMC
ORDER GRANTING IN PART
PLAINTIFF’S APPLICATION FOR
DEFAULT JUDGMENT; VACATING
HEARING

v.
GUADALUPE MEDINA, et al.,
Defendants.

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Before the Court is plaintiff J & J Sports Productions, Inc.’s (“J & J”) “Application for

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Default Judgment by the Court,” filed February 12, 2013. Defendants Guadalupe Medina,

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Manuel Medina, and Los Reyes Taqueria have not filed opposition. Having read and

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considered the papers submitted in support of the motion, the Court deems the motion

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appropriate for decision on the moving papers, VACATES the hearing scheduled for April

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26, 2013, and rules as follows.

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1. Having read and considered the declaration of Thomas P. Riley and the affidavit

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of David Sims, and having before it the facts stated in the complaint, which facts are

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deemed true by reason of the entry of default, see Danning v. Lavine, 572 F.2d 1386, 1388

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(9th Cir. 1978), the Court finds J & J had the exclusive rights to distribute “Manny Pacquiao

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v. Juan Manuel Marquez III WBO Welterweight Championship Fight Program” (“the

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Program”) and further finds defendants, having no license, intercepted and exhibited the

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Program for their patrons, in violation of 47 U.S.C. § 605(a). See Kingvision Pay-Per-View,

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Ltd. v. Backman, 102 F. Supp. 2d 1196, 1196-97 (N.D. Cal. 2000) (holding unauthorized

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interception and broadcast of program for which plaintiff has distribution rights violates

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§ 605(a)).

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2. J & J, having elected statutory damages under § 605(a), is entitled to a “sum of

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not less than $1,000 or more than $10,000, as the court considers just.” See 47 U.S.C.

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§ 605(e)(3)(C)(i)(II). A traditional method of determining statutory damages is to estimate

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either the loss incurred by the plaintiff or the profits made by the defendants. See

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Kingvision Pay-Per-View, Ltd. v. Body Shop, 2002 WL 393091, at *4 (S.D.N.Y. Mar. 13,

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2002). Here, J & J has not submitted evidence as to its losses. With respect to

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defendants’ profits, J & J offers evidence that at least fifteen persons were present at

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defendants’ establishment during the telecast of the subject program (see Decl. of Affiant,

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filed Feb. 12, 2013, attached exhibit (Sims Aff.)), and it can be inferred that at least some of

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those patrons purchased food and/or beverages in connection with the screening. J & J’s

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investigator was not charged a cover, however, and provided no evidence that the price of

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food or beverages was increased for the event. Where, as here, there is no evidence that

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the financial benefit to the defendant exceeded $1000, the Court finds an award of statutory

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damages in the amount of $1000 is appropriate. See, e.g. J & J Sports Prods., Inc. v.

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Medinarios, No. 08-0998, 2008 WL 4412240 at *2-3 (N.D. Cal. Sept. 25, 2008) (awarding

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$1000 in statutory damages for violation of § 605 where approximately 35 patrons were

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present in defendant’s establishment, there was no cover charge, and cost of beverages

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was “within normal range”).

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3. J & J seeks an enhancement of the award of statutory damages. Where a

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violation of § 605(a) is “committed willfully and for purposes of direct or indirect commercial

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advantage or private financial gain,” the court may enhance the damages award by up to

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$100,000. See 47 U.S.C. § 605(e)(3)(C)(ii). Here, as alleged by J & J in its Complaint, and

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deemed true by the Court, defendants exhibited the Program, knowing the Program was

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not to be intercepted without permission, and did so to obtain financial gain. (See Compl.
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¶¶ 21-22.) Further, the evidence submitted supports a finding that defendants did in fact

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gain financially from showing the Program; specifically, defendants displayed the Program,

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and at least fifteen patrons were present during the screening. Consequently, the Court

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finds defendants acted willfully and for private financial gain. To deter future willful

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violations, enhancement damages in the amount of $5000 will be awarded. See Joe Hand

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Promotions, Inc. v. Pete, 1999 WL 638215, at *2 (N.D. Cal. Aug. 17, 1999) (awarding

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enhancement damages of $5000 “to deter future piracy of pay-per-view events”).

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4. With respect to its state law claim of conversion, J & J argues it is entitled to an

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award in the amount of $1800, which, J & J asserts, was “the amount [d]efendants would

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have been required to pay had [they] ordered the Program from [p]laintiff.” (See Pl.’s Mem.

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of P. & A. at 20.) J & J, however, has offered no declaration or other evidence to support

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said assertion. In the absence of such evidence, J & J has not shown its entitlement to an

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additional award of $1800. See Amini Innovation Corp. v. KTY Int’l Marketing, 768 F.

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Supp. 2d 1049, 1054 (C.D. Cal. 2011) (holding plaintiff seeking default judgment “is

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required to provide evidence of its damages”).

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CONCLUSION

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For the reasons stated above, J & J’s application for default judgment is hereby

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GRANTED in part, and plaintiff shall have judgment against defendants in the amount of

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$6000.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: April 22, 2013
MAXINE M. CHESNEY
United States District Judge

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