J & J Sports Productions, Inc. v. Duarte et al

Filing 28

District Judge Timothy S Hillman: ORDER entered granting 27 Motion for Default Judgment. (Castles, Martin)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
J&J SPORTS PRODUCTIONS, Inc.,
Plaintiff,
v.

DANILO E. DUARTE, JAVIER SANCHEZ,
and DANANA, INC. d/b/a La Raza,
Defendants.

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Civ. Act. No. 15-40002-TSH

DECISION ON MOTION FOR DEFAULT JUDGMENT (Docket No. 27)
November 19, 2015
HILLMAN, D.J.,
J&J Sports Productions, Inc. (“J&J Sports”) filed suit against Defendants Danilo E. Duarte,
Javier Sanchez, and Danana, Inc. alleging that on May 5, 2012, their commercial establishment,
La Raza, unlawfully intercepted, received, published, divulged, displayed and/or exhibited Floyd
Mayweather, Jr. v. Miguel Cotto, WBA Super Light Middleweight Championship Fight Program
(“Program”). J&J Sports alleged claims against Defendants for violation of the Communications
Act of 1934, 47 U.S.C. § 605, et seq. (Count I); The Cable & Television Consumer Protection and
Competition Act of 1992, 47 U.S.C. §553, et seq. (Count II); the Massachusetts Consumer
Protection Act, Mass. Gen. Laws ch. 93A, §§ 2, 11 (Count IV); and a common law claim for
conversion (Count III). J&J Sports sought statutory damages, actual damages, and costs (including

attorneys’ fees). Additionally, J&J Sports alleged that it was entitled to multiple damages because
Defendants acted willfully or knowingly.
Defendants were served in early 2015 but failed to answer. On February 18, 2015, the
Clerk of the Court entered Default against Duarte and Danana, Inc. On March 20, 2015, J&J
Sports filed a Motion for Default Judgment and Assessment of Damages against Duarte and
Danana, Inc. That motion was granted on October 15, 2015, in the amount of $6,166.22. On
October 6, 2015, the Clerk of the Court entered Default against Sanchez. On November 5, 2015,
J&J Sports filed the instant Motion for Default Judgment and Assessment of Damages as to
Sanchez. The motion (Docket No. 27) is granted for the reasons set forth in this court’s order of
October 15, 2015 (Docket No. 26). Javier Sanchez is jointly and severally liable for the $6,166.22
assessment referenced in that order.

SO ORDERED.
/s/ Timothy S. Hillman
TIMOTHY S. HILLMAN
UNITED STATES DISTRICT JUDGE

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