J & J SPORTS PRODUCTIONS, INC. v. MARTINEZ et al

Filing 34

ENTRY ON DAMAGES - The Court hereby GRANTS in part and DENIES in part J & J's motion for default judgment. A judgment in the amount of $5,855.05 shall be entered against Costa Brava, Inc. in favor of J & J, and Mr. Martinez individually shall not be held jointly and severally liable. Final judgment will issue separate from this entry. Copy Mailed. **SEE ENTRY FOR ADDITIONAL INFORMATION**. Signed by Judge Tanya Walton Pratt on 12/22/2014.(MGG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
J & J SPORTS PRODUCTIONS, INC.,
Plaintiff,
vs.
ENELIO MARTINEZ also known as COSTA
BRAVA MEXICAN RESTAURANT; doing
business as MARISCOS COSTA BRAVA,
COSTA BRAVA, INC. also known as COSTA
BRAVA MEXICAN RESTAURANT; doing
business as MARISCOS COSTA BRAVA,
Defendants.

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No. 1:12-cv-01655-TWP-DML

ENTRY ON DAMAGES
This matter is before the Court on a Motion for Default Judgment (Filing No. 27) filed by
Plaintiff J & J Sports Productions, Inc. (“J & J”). On Tuesday, December 16, 2014, the Court held
a damages hearing in this matter, which was continued from the hearing originally held on
November 6, 2014. Plaintiff J & J appeared by counsel Charlie Gordon. Defendant Enelio
Martinez Leone (“Mr. Martinez”) appeared pro se, along with interpreter Dawn Garcia. Defendant
Costa Brava, Inc. (“Costa Brava”) was not represented by counsel. The Court Reporter was David
Moxley.
This was an action brought by J & J under the Communications Act of 1934, 47 U.S.C. §
605 et seq., and the Cable and Television Consumer Protection and Competition Act of 1992, 47
U.S.C. § 553 et seq. J & J alleged that on November 13, 2010, Defendants unlawfully intercepted
and displayed “Tactical Warfare: Manny Pacquiao v. Antonia Margarito” (the “Program”) at Costa

Brava Mexican Restaurant, to which J & J had the exclusive nationwide commercial distribution
rights. A Clerk’s Entry of Default was entered against all Defendants on February 24, 2014. (Filing
No. 26; Filing No. 28). J & J requests statutory damages, including actual damages and an
enhancement for willful violation of the statute, as well as attorney’s fees and costs. 1
The Court finds that J & J is entitled to a judgment against Costa Brava in the amount of
$5,855.05, under 47 U.S.C. § 605 due to the Program’s transmission to Costa Brava Mexican
Restaurant via satellite. This amount includes $4,200 in actual damages, which is the amount of
the commercial licensing fees that Costa Brava, Inc. would have been charged to display the
Program based upon the capacity of the restaurant of about 150 persons. See Filing No. 30-1, at
ECF p. 11 (schedule of commercial licensing fees). This amount also includes $1,277.50 for
attorney’s fees, $350 for court filing fees, and $27.55 for costs. The Court declines J & J’s request
for an award of enhanced statutory damages for willful conduct, finding that there is no evidence
Costa Brava used any sort of illegal unencryption devices, or any other similar means, to intercept
the satellite signal, only that the establishment did not pay the proper commercial sublicense fee
to lawfully display the Program. Mr. Martinez testified that he was unaware that Costa Brava was
required to pay the commercial sublicensing fee, and the Court finds that Defendants likely paid
the individual sublicensing fee to display the Program. In addition, Costa Brava did not charge
patrons a cover fee and did not advertise the Program, so there is no evidence of direct or indirect
commercial advantage or private financial gain. See 47 U.S.C. § 605(e)(3)(C)(ii).
Furthermore, the Court finds that Mr. Martinez should not be held individually liable for
the damages and costs awarded to J & J. While J & J alleged in its complaint that Mr. Martinez
authorized or controlled the broadcast, it is unclear from the evidence presented at the hearing

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J & J voluntarily withdrew its claim for conversion.

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whether the Program was displayed at the direction of Mr. Martinez or Mr. Martinez’s brother,
who he claims was instrumental in operating the business and was the person who contacted Dish
Network to order the Program. Because there is no clear evidence that Mr. Martinez authorized
or controlled the broadcast, he will not be held jointly and severally liable with Costa Brava.
Therefore, the Court hereby GRANTS in part and DENIES in part J & J’s motion for
default judgment. A judgment in the amount of $5,855.05 shall be entered against Costa Brava,
Inc. in favor of J & J, and Mr. Martinez individually shall not be held jointly and severally liable.
Final judgment will issue separate from this entry.
SO ORDERED.

Date: 12/22/2014

Distribution:
Charlie William Gordon
GREENE & COOPER PSC
[e-mail]
Enilio Martinez Leone
Costa Brava, Inc.
3837 North High School Road
Indianapolis, IN 46254

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