J & J Sport Productions, Inc., v. Penalver
Filing
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ORDER VACATING SEPTEMBER 18, 2014 HEARING; AND DENYING 31 MOTION TO ALTER OR AMEND JUDGMENT. Signed by Judge Beth Labson Freeman on 9/15/2014. (blflc1, COURT STAFF) (Filed on 9/15/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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J & J SPORTS PRODUCTIONS, INC.,
Case No. 5:13-cv-05551-BLF
Plaintiff,
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v.
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LUIS RODRIGUEZ,
Defendant.
[Re: ECF 31]
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United States District Court
Northern District of California
ORDER VACATING SEPTEMBER 18,
2014 HEARING; AND DENYING
MOTION TO ALTER OR AMEND
JUDGMENT
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I.
BACKGROUND
Plaintiff J & J Sports Productions, Inc. (“Plaintiff”) brought the instant action for
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conversion and unlawful interception of a telecast against Defendant Luis Rodriguez
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(“Defendant”), operator of Los Jarritos, a Mexican restaurant. Defendant Rodriguez was served
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with the Amended Complaint on March 11, 2014 and his answer was due on April 1, 2014. (Proof
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of Serv., ECF 15) Defendant did not file an answer and did not appear. On June 27, 2014, the
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Court granted Plaintiff’s motion for default judgment, awarding $1,000 in statutory damages under
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47 U.S.C. § 605, $4,200 in damages for conversion under California Civil Code § 3336, and
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$2,112.50 in attorney’s fees and costs under 47 U.S.C. § 605(e)(3)(B)(iii). (Order, ECF 29)
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Plaintiff now moves to alter or amend the judgment, seeking “an increase in the statutory
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damages awarded to Plaintiff as well as an award of enhanced statutory damages for its claim
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under 47 U.S.C. § 605 to an amount sufficient to compensate Plaintiff and accomplish the goal of
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deterrence (both specific and general).” (Mot. to Am. J., at 3, ECF 31)
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The Court concludes that Plaintiff’s motion is appropriate for disposition without oral
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argument. See Civ. L.R. 7-1(b). Accordingly, the hearing previously set for September 18, 2014
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is hereby VACATED.
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II.
LEGAL STANDARD
Pursuant to Federal Rule of Civil Procedure 59(e), a motion to alter or amend judgment
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may be granted if “the district court is presented with newly discovered evidence, committed
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clear error, or if there is an intervening change in the controlling law.” 389 Orange St.
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Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999). Rule 59(e) “offers an extraordinary
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remedy, to be used sparingly in the interests of finality and conservation of judicial
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resources.” Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000). The
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rule “may not be used to relitigate old matters, or raise arguments or present evidence that
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could have been raised prior to entry of judgment.” Exxon Shipping Co. v. Baker, 554 U.S.
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United States District Court
Northern District of California
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471, 485 (2008).
III.
DISCUSSION
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Plaintiff has failed to (1) present new evidence; (2) show that the Court committed clear
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error; or (3) demonstrate a change in controlling law. Accordingly, Plaintiff’s motion to alter or
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amend the judgment is denied.
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Plaintiff’s motion asserts that the damages and fees awarded do not adequately address
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deterrence, and that the award is low enough to actively encourage piracy. (Mot. to Am. J., at 4-8,
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ECF 31) However, this argument fails to meet the requirements of Rule 59(e). The cases cited by
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Plaintiff could have been raised prior to entry of judgment, and nothing in Plaintiff’s motion leads
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this Court to reconsider its previous award. Moreover, $7,312.50 is a considerable amount for a
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small business.
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Plaintiff’s motion also asserts that “[t]his Court’s damages award is out of sync with the
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suggestions of the Ninth Circuit” and cites to Kingvision v. Lake Alice Bar, 168 F.3d 347 (9th Cir.
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1999), a case in which the Ninth Circuit stated “a low five figure judgment may be a stiff fine that
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deters [businesses from pirating telecasts].” (Mot. to Am. J., at 8, ECF 31) The Court has
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conducted an exhaustive review of damages awarded to Plaintiff in similar cases in this District.
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While some courts have awarded greater amounts, other courts have awarded less. Having once
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again reviewed the record in this case, the Court remains satisfied that the award is appropriate.
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IV.
ORDER
For the foregoing reasons, Plaintiff’s motion to alter or amend the judgment is hereby
DENIED.
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Dated: September 15, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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