Joe Hand Promotions, Inc. v. Snyder et al

Filing 16

ORDER granting # 14 Motion for Default Judgment against Defendants James M. Snyder and 56 Main Sports Pub LLC, jointly and severally, in favor of Plaintiff Joe Hand Promotions, Inc. in the amount of $5,582.00. Signed by Judge Glenn T. Suddaby on 4/22/15. (lmw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________________
JOE HAND PROMOTIONS, INC.,
Plaintiff,
Civil Action No.: 6:14-CV-0754
(GTS/ATB)

v.
JAMES M. SNYDER, Individually, and as officer,
director, shareholder, and/or principal of 56 Main
Sports Pub LLC d/b/a 56 Main Sports Pub; and 56
MAIN SPORTS PUB LLC d/b/a 56 Main Sports Pub,
Defendants.
_____________________________________________
GLENN T. SUDDABY, United States District Judge

ORDER GRANTING DEFAULT JUDGMENT
Default having been entered in this action against the above-captioned Defendants on
December, 2014 (Dkt. No. 12), and Plaintiff’s motion for default judgment (and supporting
declarations) having been filed and served on Defendants on January 5, 2015 (Dkt. No. 14,
Attach. 10), and no appearance having been made by Defendants in person or in writing since
that time, and all other requirements for entry of default judgment having been satisfied pursuant
to Fed. R. Civ. P. 55(b), it is hereby
ORDERED that Plaintiff’s motion for default judgment (Dkt. No. 14) is GRANTED;
and it is further
ORDERED that the Clerk of the Court shall enter judgment against Defendants James
M. Snyder and 56 Main Sports Pub LLC, jointly and severally, and in favor of Plaintiff Joe Hand
Promotions, Inc., in the amount of $5,582, calculated as follows:

Principal Amount:

$3,9001

Costs:
Filing Fees:

$400

Process Server:

$150

Investigation Fee:

$1002

Attorney's Fees:

$1,032

TOTAL:

$5,582.3

Dated: April 22, 2015
Syracuse, New York

1

Based on the Eastern District of New York’s reasoning in Joe Hand Promotions,
Inc. v. Elmore, 11-CV-3761, 2013 WL 2352855, at *5-10 (E.D.N.Y. May 29, 2013), the Court
calculates this principal amount as follows: $1,300 (in statutory damages pursuant to 47 U.S.C. §
605[e][3][C][i][II], given the Rate Card adduced by Plaintiff) + $2,600 (in enhanced damages
pursuant to 47 U.S.C. § 605[e][3][C][ii], given the relatively small number of patrons in the
establishment and the lack of evidence that Defendants committed similar acts either before or
after the time in question) + $0 (in conversion damages, given their apparent unavailability under
New York law under the circumstances) = $3,900.
2

Based on the lack of evidence adduced by Plaintiff regarding the total amount of
time necessary for the investigation (the onsite portion of which appears to have taken
approximately 30 minutes), how much the investigator charged per hour, and why the
investigator is qualified to demand the requested rate, the Court calculates a reasonable
investigation fee to be $100 (1.0 hour x $100 per hour).
3

Based on the formulaic nature of Plaintiff’s motion papers (including various
errors therein, indicating they were hastily prepared), the after-the-fact nature of the time sheets,
the lack of corroborating evidence that any demand letters were sent to Defendants, and the
prevailing hourly rates for work of this complexity in the Northern District of New York, the
Court calculates these attorney’s fees as follows: $840 (resulting from 4.0 hours x $210 per hour
for counsel’s work) + $96 (resulting from 1.2 hours x $80 per hour for his paralegal’s work) +
$96 (resulting from 1.2 hours x $80 per hour for his administrative assistant’s work) = $1,032.
The Court notes that it awarded Plaintiff the same amount, based on a virtually identical
attorney-fee affirmation, in Joe Hand Promotions, Inc. v. Mihalko, 13-CV-1570, Order
(N.D.N.Y. filed Feb. 4, 2014) (Suddaby, J.).
2