J&J Sports Productions Inc. v. El Sonador Cafe Restaurant Inc. et al

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. As recommended by Judge Scanlon, plaintiff's motion for a default judgment is granted in part and denied in part. Plaintiff's motion is granted with respect to defendant El Sonador Caf Rest aurant Inc.'s ("El Sonador's") liability under the Federal Communications Act of 1934, 47 U.S.C. § 605, and denied with respect to defendant Jose A. Bernal. The complaint is dismissed as to Mr. Bernal. Plaintiff is awarded damages and costs against defendant El Sonador in the amount of $4,452.50, consisting of $2,000.00 in statutory damages, $2,000.00 in enhanced damages and $452.50 in litigation costs. The Clerk of Court is directed to enter judgment accordingly. Ordered by Judge Nina Gershon on 2/13/2017. (Barrett, C)

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FILED IN CLERKS OFFICE U.S. DISTRICT COURT ED.NY. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------- x J&J SPORTS PRODUCTIONS, INC, * FEB 1 i,2017 * BROOKLYN OFFICE Plaintiff, -against- ORDER 15-CV-6934 (NG)(VMS) EL SONADOR CAFÉ RESTAURANT INC., and JOSE A. BERNAL, Defendants. ----------------------------------------------x GERSHON, United States District Judge: Finding no clear error in the unopposed Report and Recommendation ("R&R") of Magistrate Judge Vera M. Scanlon dated January 3, 2017 regarding the entry of default judgment and the scope of relief to be awarded to plaintiff J&J Sports Productions, Inc., I adopt the R&R. As recommended by Judge Scanlon, plaintiff's motion for a default judgment is granted in part and denied in part. Plaintiff's motion is granted with respect to defendant El Sonador Café Restaurant Inc.'s ("El Sonador's") liability under the Federal Communications Act of 1934, 47 U.S.C. § 605, and denied with respect to defendant Jose A. Bernal. The complaint is dismissed as to Mr. Bernal. Plaintiff is awarded damages and costs against defendant El Sonador in the amount of $4,452.50, consisting of $2,000.00 in statutory damages, $2,000.00 in enhanced damages and $452.50 in litigation costs. Judge Scanlon has carefully reviewed and explained the applicable considerations in reaching her recommendation. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED. Nina Gershon /s/ NINA GERSHON United States District Judge Dated: 1e4' l ,2017 Brooklyn, New York

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