J&J Sports Productions Inc v. Chronister et al

Filing 13

ORDER granting 11 and 12 plaintiff's Motion for Default Judgment and Brief in Support, ordering that default judgment be entered against defendant Juanita Chronister, individually and d/b/a La Reina Sur, forthwith, and assessing damages in the amount of $20,000. Interest shall accrue at the rate permitted by 28 U.S.C. § 1961. Signed by Honorable Vicki Miles-LaGrange on 1/28/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
J & J SPORTS PRODUCTIONS, INC.,
Plaintiff,
v.
JUANITA CHRONISTER, individually
and d/b/a LA REINA SUR,
Defendant.

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Case No. CIV-13-1029-M

ORDER
On October 3, 2013, defendant Juanita Chronister, individually and d/b/a La Reina Sur,
was served. See Return of Service [docket no. 7]. The time for defendant to answer or otherwise
plead or move expired on October 24, 2013. See Fed. R. Civ. P. 12(a)(1)(A). Defendant Juanita
Chronister, individually and d/b/a La Reina Sur, has filed no entry of appearance, answer,
request for extension of time, or any other motion. On December 23, 2013, plaintiff filed a
Motion for Default Judgment and Brief in Support for Motion for Default Judgment [docket nos.
11 and 12].
Based upon the above, the Court finds defendant Juanita Chronister, individually and
d/b/a La Reina Sur, is in default. If a court determines that a defendant is in default, the factual
allegations of the complaint, except those relating to the amount of damages, will be taken as
true. 10A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and
Procedure § 2688, at 58-59 (3d ed. 1998). The Court, taking the factual allegations of plaintiff’s
Complaint as true, finds that plaintiff is entitled to judgment on its claims.
In assessing the appropriate amount of damages, the Court has carefully reviewed the
uncontested allegations and the circumstances surrounding defendant’s actions. The Court

concludes that an appropriate statutory award is $10,000. In determining the appropriate
enhanced damages award, the Court finds that the uncontested evidence establishes that
defendant’s actions were willful. The Court further agrees with plaintiff that an enhanced
damage award should also take into account the valid interest of the Court in deterring similar
future actions by this defendant and others. In this connection, the Court notes that the capacity
of La Reina Sur is approximately 55 persons and during the time plaintiff’s investigator was in
La Reina Sur, he counted 7 patrons present, the investigator did not pay a cover charge to enter
the establishment, the program was being broadcast on one television, and the lack of evidence
regarding defendant’s history of similar violations, if any. Based on these considerations, the
Court concludes that an additional $10,000 award is appropriate as an enhanced penalty.
Finally, it appears that an award of costs and attorneys fees pursuant to 47 U.S.C. §
605(e)(3)(B)(iii) is also appropriate. Plaintiff is granted leave to file a properly supported motion
for attorneys fees and costs in accordance with the Court’s local rules.
Accordingly, the Court GRANTS plaintiff’s Motion for Default Judgment [docket no.
12], ORDERS that default judgment be entered against defendant Juanita Chronister,
individually and d/b/a La Reina Sur, forthwith, and ASSESS damages in the amount of $20,000.
Interest shall accrue at the rate permitted by 28 U.S.C. § 1961. A separate judgment will issue.
IT IS SO ORDERED this 28th day of January, 2014.