Joe Hand Promotions Inc. v. Poarch et al

Filing 17

ORDER OF JUDGMENT. ORDERED that judgment is entered in favor of Plaintiff and against Defendant Andrew Clark Poarch in the amount of $5,000.00 for statutory damages pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II), because $5,000 is a reaso nable amount and Defendant Poarchs business, Lazy Lion, LLC, appears to be a profitable business. It is FURTHER ORDERED that judgment is entered in favor of Plaintiff and against Defendant Andrew Clark Poarch in the amount $20,000.00 for statuto ry damages pursuant to 47 U.S.C. § 605(e)(3)(C)(ii), because it is a reasonable amount and Plaintiff broadcasted the willfully intercepted Ultimate Fighting Championship to all of its members at the Lazy Lion, LLC. It is FURTHER ORDERED that Pl aintiff is entitled to reasonable attorneys fees and is, therefore, permitted to submit within fourteen days of the entry of judgment a motion and supporting documentation for reasonable attorneys fees. Such motion shall comply with the requirements set forth in Fed. R. Civ. P. 54(d)(2) and D.C.COLO.LCivR 54.3. It is FURTHER ORDERED that Plaintiff shall have its costs by the filling of a Bill of Costs with the Clerk of the Court within ten days of the entry of judgment. It is FURTHER ORDERED tha t post-judgment interest shall accrue at the weekly rate established under 28 U.S.C. § 1961 from the date of entry of judgment. Finally, it is FURTHER ORDERED that this case is CLOSED IN ITS ENTIRETY. SO ORDERED BY Judge Christine M. Arguello on 2/27/2015. Text Only Entry(shart)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-02100-CMA-MJW
JOE HAND PROMOTIONS INC.,
Plaintiff,
v.
ANDREW CLARK POARCH, and
LAZY LION, LLC,
Defendants.
ORDER OF JUDGMENT

This matter is before the Court on Plaintiff Joe Hand Productions, Inc.’s Motion
for Default Judgment Against Defendant (Doc. # 16). Having reviewed the motion, and
being fully advised in the premises, the Court finds that entry of default judgment in
favor of Plaintiff is appropriate.
This action involves a claim for damages by Plaintiff against Defendant Andrew
Clark Poarch for misappropriation of the closed circuit “UFC 174: Johnson v.
Bagautinov” broadcast, scheduled for June 14, 2014, in violation of 47 U.S.C. § 605 and
47 U.S.C. § 553. (Doc. # 1.) Federal Rule of Civil Procedure 12(a)(1) requires a
defendant to provide an answer within twenty-one (21) days of being served with a
summons and complaint. Defendant Poarch was required to file an answer no later
than September 2, 2014. Defendant Poarch failed to appear, answer, or otherwise

respond to the Summons and Complaint. Upon the failure of Defendant Poarch to
timely file a responsive pleading, a Request for Entry of Default was filed against
Defendant Poarch on September 10, 2014. (Doc. # 7.) On September 25, 2014, a
Default was entered against Defendant Poarch. (Doc. # 12.) On February 25, 2015,
Plaintiff voluntarily dismissed Defendant The Lazy Lion, LLC. (Doc. # 15.) On February
25, 2015, Plaintiff filed a Motion for Default Judgment as to Defendant Poarch. (Doc.
# 16.)
47 U.S.C. § 605(e)(3)(C)(i)(II) authorizes a court to award a sum not less than
$1,000 or more than $10,000, and 47 U.S.C. § 605(e)(3)(C)(ii) authorizes a court to
award an amount of not more than $100,000.
Accordingly, it is ORDERED that judgment is entered in favor of Plaintiff and
against Defendant Andrew Clark Poarch in the amount of $5,000.00 for statutory
damages pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II), because $5,000 is a reasonable
amount and Defendant Poarch’s business, Lazy Lion, LLC, appears to be a profitable
business. It is
FURTHER ORDERED that judgment is entered in favor of Plaintiff and against
Defendant Andrew Clark Poarch in the amount $20,000.00 for statutory damages
pursuant to 47 U.S.C. § 605(e)(3)(C)(ii), because it is a reasonable amount and Plaintiff
broadcasted the willfully intercepted Ultimate Fighting Championship to all of its
members at the Lazy Lion, LLC. It is
FURTHER ORDERED that Plaintiff is entitled to reasonable attorneys’ fees and
is, therefore, permitted to submit within fourteen days of the entry of judgment a motion
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and supporting documentation for reasonable attorneys’ fees. Such motion shall
comply with the requirements set forth in Fed. R. Civ. P. 54(d)(2) and D.C.COLO.LCivR
54.3. It is
FURTHER ORDERED that Plaintiff shall have its costs by the filling of a Bill of
Costs with the Clerk of the Court within ten days of the entry of judgment. It is
FURTHER ORDERED that post-judgment interest shall accrue at the weekly rate
established under 28 U.S.C. § 1961 from the date of entry of judgment. Finally, it is
FURTHER ORDERED that this case is CLOSED IN ITS ENTIRETY.
DATED: February

27

, 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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