J & J Sports Productions, Inc. v. Smith

Filing 15

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for default judgment 13 is granted in part only to the extent set out above and is denied in all other respects. A separate Judgment in accordance with this Memorandum and Order is entered this same date. Signed by District Judge Rodney W. Sippel on 7/25/17. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
J&J SPORTS PRODUCTIONS, INC.,
Plaintiff,
vs.
LAWRENCE SMITH,
d/b/a Cookie’s Bar & Grill,
Defendant.

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Case No. 4:17 CV 1409 RWS

MEMORANDUM AND ORDER
This case is before me on plaintiff’s motion for default judgment in the
amount of $40,000.00. Plaintiff owned the nationwide television distribution
rights to broadcast a boxing match which took place on May 3, 2014. Plaintiff
sells the right to publically exhibit this broadcast to various public establishments,
such as restaurants and bars. In this lawsuit, plaintiff alleges that defendant
illegally intercepted the broadcast and showed it to patrons at Cookie’s Bar &
Grill. While plaintiff has sued defendants under two alternative federal statutes, it
only seeks default judgment under 47 U.S.C. § 605, which prohibits the
unauthorized publication or use of communications. In the context of the present
lawsuit, this statue prohibits the unauthorized interception of video programming
from a satellite that is primarily intended for direct receipt only by authorized
users. It provides for statutory damages of not less than $1,000 but not more than

$10,000. Id. at § 605(e)(3)(C)(i)(II). Where the violation was committed willfully
and for the purpose of commercial gain the statutory damages may be increased in
an amount of not more than $100,000. Id. at § 605(e)(3)(C)(ii). Attorney’s fees
and costs may also be recovered under this statute. Id. at § 605(e)(3)(B)(iii).
Defendant was served on June 1, 2017, and his responsive pleading was due
on June 22, 2017. On June 30, 2017, the Clerk of the Court entered a default
against defendant because he failed to file an answer or other responsive pleading.
Plaintiff prays for statutory damages in the amount of $40,000.00, plus attorney’s
fees and costs. After careful consideration, I will grant plaintiff a default judgment
under §605. Damages awarded under §605 have varied tremendously in this
district. See Joe Hand Promotions, Inc. v. Thompson, No. 4:11CV1740 CAS, 2013
WL 466278, at *3 (E.D. Mo. Feb. 7, 2013) (collecting cases of awards between
$3,000 and $150,000). In fashioning a statutory award in the Thompson case, the
Honorable Charles A. Shaw considered, among other things, the amount of the
financial gain by the defendant, whether the defendant is alleged to be a repeat
violator, and the need to deter future violations. Id.
Based on the affidavit provided by plaintiff, I will exercise my discretion to
award statutory damages in the amount of $10,000.00 under §605 (e)(3)(C)(i)(II)
and $5,000.00 in enhanced statutory damages under §605 (e)(3)(B)(ii) for default
judgment in the amount of $15,000.00. Plaintiff should submit its request for
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attorney’s fees and costs in accordance with the Court’s local rules.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for default judgment
[13] is granted in part only to the extent set out above and is denied in all other
respects.
A separate Judgment in accordance with this Memorandum and Order is
entered this same date.

_______________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 25th day of July, 2017.

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