J & J Sports Productions, Inc. v. Bermudez

Filing 34

Order by Hon. Vince Chhabria denying 32 Motion to Alter Judgment.(knmS, COURT STAFF) (Filed on 7/14/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

Case No. 14-cv-03925-VC

Plaintiff,
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v.

ORDER DENYING MOTION TO
ALTER JUDGMENT

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IGNACIO BERMUDEZ,

Re: Doc. No. 32

Defendant.

United States District Court
Northern District of California

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The motion to alter or amend the judgment is denied. The motion is based on the fact that

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J & J's investigator attached a picture to her affidavit (or someone attached a picture to her

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affidavit). The picture is of two satellite dishes on the roof of a building. J & J argues that this

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picture constitutes proof that the defendant is liable under 42 U.S.C. § 605. However, the

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investigator does not mention the photograph in her affidavit, much less authenticate it or describe

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what it depicts. Under these circumstances, the Court cannot conclude that the picture justifies a

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finding of liability under Section 605. The award of discretionary damages under Section 553 was

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therefore appropriate, and there is no basis for altering the judgment. See Fed. R. Civ. P. 59(e);

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Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (Rule 59(e) is an

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"extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial

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resources" (citation omitted)).

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IT IS SO ORDERED.
Dated: July 14, 2015
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VINCE CHHABRIA
United States District Judge