Joe Hand Promotions Inc v. Be et al

Filing 24

First MOTION for Default Judgment by the Court as to filed by Joe Hand Promotions Inc. Motion Hearing set for 9/22/2011 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 10/6/2011. Replies due by 10/13/2011. (Attachments: # 1 Supplement Memorandum, # 2 Proposed Order, # 3 Declaration)(Davoli, David) (Filed on 8/17/2011)

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David J. Davoli, Esq. (DD-9073)
DAVOLI LAW FIRM
207 West 25th Street, Suite 400
New York, NY 10001
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
San Jose Division
----------------------------------------------------x
JOE HAND PROMOTIONS, INC.,
Plaintiff,
Case No.: CDC-01333-LHK
vs.

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PETE BE, Individually, and as an officer,
director, shareholder, and/or principal of
DA KINE CAFÉ, INC. d/b/a
DA KINE CAFÉ
153 E. Fremont Avenue
Sunnyvale, CA 94087,

DECLARATION OF DAVID
J. DAVOLI IN SUPPORT OF
PLAINTIFF’S APPLICATION
FOR DEFAULT JUDGMENT

Defendants.
----------------------------------------------------x

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To:

The Clerk of the above-entitled Court:

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I, David J. Davoli, declare as follows:

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1. My firm and I are counsel for Joe Hand Promotions, Inc. in the above-entitled action.

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2. The Defendants have not appeared in this action and have not responded to the Complaint
served upon them within the time permitted by law.

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3. Defendants are not infants, incompetent persons, or persons in military service or
otherwise exempted from default judgment under the Servicemembers Civil Relief Act of
2003.

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DECLARATION OF DAVID J. DAVOLI IN SUPPORT - 1

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4. On June 11, 2011, a Request for Entry of Default was filed with the Court regarding
Defendants Pete Be and Da Kine Cafe, Inc. d/b/a Da Kine Café, the instant Defendants.

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5. Default June 17, 2011, Default was entered against Defendants.

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6. This action involves a claim for damages by Plaintiff Joe Hand Promotions, Inc., against

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Defendants Pete Be and Da Kine Cafe, Inc. d/b/a Da Kine Café, for misappropriation of

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the “UFC 119: Mir v. Cro Cop” Broadcast, including all undercard bouts and the entire

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television broadcast, scheduled for September 25, 2010, (hereinafter referred to as the

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“Broadcast”) event in violation of 47 U.S.C. §605, et seq., and 47 U.S.C. §553, et seq.

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Plaintiff further alleges that the Defendant committed the tort of Conversion. Plaintiff

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seeks relief on its causes of action as set forth below.

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7. Plaintiff respectfully requests judgment in its favor and that damages be awarded to it as
follows:

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a. Violation of Title 47 U.S.C. §605 (e)(3)(B)(iii) and (c) (ii) ……………

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b. Tort of Conversion

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$1,800.00

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c. Attorneys Fees

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$3,962.50

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d. Costs

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$1,038.98

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$116,801.48

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TOTAL

$110,000.00

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I declare, under the penalty of perjury of the laws of the State of California and the United States
of America that the above is true and correct.

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Respectfully submitted,
Dated: August 17, 2011
/s/ David J. Davoli
______________________________
DAVOLI LAW FIRM
David J. Davoli, Esq. (DD-9073)
Attorney for the Plaintiff,
Joe Hand Promotions, Inc.

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DECLARATION OF DAVID J. DAVOLI IN SUPPORT - 2