J & J Sport Productions, Inc., v. Tran

Filing 23

ORDER by Judge Ronald M. Whyte granting 18 Motion for Default Judgment, awarding damages in the amount of $10,000. (rmwlc1, COURT STAFF) (Filed on 1/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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J & J SPORTS PRODUCTIONS, INC.,
Plaintiff,

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Case No. C-13-02397-RMW
FINAL JUDGMENT

v.
BICHLIEN T. TRAN,
Defendant.

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On November 18, 2013, the court entered default against defendant Bichlien T. Tran a/k/a

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Bich Lien Thi Tran, individually and d/b/a May Hong Restaurant. Dkt. No. 17. Plaintiff J & J Sports

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Productions, Inc. (“J & J”) now moves for damages pursuant to the default. Dkt. No. 18. On January

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10, 2014, the court held a hearing to determine damages.

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The court may award statutory damages up to $10,000 for the violation of 47 U.S.C. § 605.

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47 U.S.C. § 605(e)(3)(C). Enhanced damages for willfulness of up to $100,000 are also available in

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the court’s discretion. Id. Here, the defendant’s establishment had 7 TVs, a capacity of 50 persons,

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30 patrons present during three separate head counts, and no cover charge. These facts suggest that

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the defendant was taking some advantage of its interception of the communication in violation of 47

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U.S.C. § 605. However, there is no evidence that the defendant was promoting the establishment’s
FINAL JUDGMENT
Case No. C-13-02397-RMW
RDS

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use of the signal, or any other evidence of willfulness. Therefore, the court finds appropriate an

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award to plaintiff J & J of $10,000. The court declines to award enhanced damages for willfulness

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under 47 U.S.C. § 605(e)(3)(C)(ii). J & J also seeks damages of $2,200—the amount the defendant

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would have been required to pay had she ordered the program from J & J—for conversion. Cal. Civ.

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Code § 3336. Damages for conversion are included in the court’s award to J & J.

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Therefore, the court orders that J & J Sports Productions, Inc. is entitled to recover a total of

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$10,000 from defendant Bichlien T. Tran a/k/a Bich Lien Thi Tran, individually and d/b/a May

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Hong Restaurant.

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United States District Court
For the Northern District of California

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Dated: January 10, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

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FINAL JUDGMENT
Case No. C-13-02397-RMW
RDS

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