Directv, LLC v. Tanakas Grill & Sushi, Inc. et al

Filing 20

ORDER re 18 Memorandum in Support of Motion. Signed by Senior Judge Graham Mullen on 5/22/2017. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16CV251-GCM
DIRECTV, LLC, a California limited liability
Company,

)
)
)
Plaintiff,
)
)
Vs.
)
)
JUAN A. SANCHEZ, et al.,
)
)
Defendants.
)
__________________________________________)

ORDER

This matter is before the Court upon Plaintiff’s Memorandum of Law in Support of
Damages, Costs and Attorneys’ Fees, filed May 4, 2017. The Defendants have failed to file a
response to the motion.
On March 21, 2017, this Court granted Plaintiff’s Motion for Summary Judgment as to
the liability of the Defendants under 47 U.S.C. § 605, and granted Plaintiff’s request to submit
additional authorities regarding damages, costs and attorney’s fees. (Doc. No. 16). Plaintiff may
collect damages under the statute as an aggrieved party as it possesses proprietary rights to the
satellite programming which is the subject of this lawsuit. DIRECTV elects to seek statutory
damages pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II) rather than actual damages. In determining
the amount of statutory damages that can be imposed for each violation within the range of
$1,000.00 to $10,000.00, the court may award statutory damages in an amount “the court
considers just.” 47 U.S.C. § 605(e)(3)(C)(i)(II). Balancing the need for deterrence with the
desire of the Court to allow for the continuation of a small business, the Court finds the sum of
$3,000.00 in statutory damages to be just.

1

DIRECTV also seeks enhanced damages under § 605(e)(3)(C)(ii). Enhanced damages are
available where the violation was willful and committed for direct or indirect commercial
advantage or private financial gain. It is undisputed that on May 21, 2014, DIRECTV satellite
programming was being broadcasted at TANAKA’S GRILL & SUSHI in Charlotte, North
Carolina for public viewing and that said establishment was not authorized to broadcast
DIRECTV satellite programming for commercial viewing. As Defendants have admitted that
they did so willfully and received a financial benefit from doing so, under 47 U.S.C.
§605(e)(3)(C)(ii), the Court has the discretion to award additional damages up to $100,000 for
the willful violation. Once again, the Court must balance the need for deterrence with the risk of
impairing the viability of Defendants’ business. See J & J Sports Prods. v. Sangria's Mexican
Grill 2 LLC, 2015 WL 5824900, *3 (D. Wis. Oct. 6, 2015). Accordingly, the Court will award
enhanced damages in the amount of $3,000.00.
Under 47 U.S.C. §605(e)(3)(B)(iii), a prevailing plaintiff shall recover court costs and
reasonable attorneys’ fees. Along with the present motion, DIRECTV has filed an Attorney’s
Affidavit of Costs and Fees and is requesting its costs and fees related to the instant litigation in
the amount of $11,872.59. The Court finds that DIRECTV is entitled to such amount.
IT IS THEREFORE ORDERED that DIRECTV shall recover against the Defendants:
1) Three thousand dollars ($3,000.00) pursuant to 47 U.S.C. §605(e)(3)(C)(i)(II); and
2) Three thousand dollars ($3,000.00) ) pursuant to 47 U.S.C. §605(e)(3)(C)(ii), for
Defendants’ willful violation of 47 U.S.C. §605(a); and further,
3) Costs and attorney’s fees of ELEVEN THOUSAND EIGHT HUNDRED SEVENTY
TWO AND 59/100 DOLLARS ($11,872.59) pursuant to 47 U.S.C.

2

§605(e)(3)(B)(iii).
Signed: May 22, 2017

3