PPV Connection, Inc. v. Ortiz et al

Filing 47

DEFAULT JUDGMENT for Plaintiff to have and recover $250 from Defendant Israel Echevarria, his wife Jane Doe V, and C/P Echevarria-Doe V d/b/a El Gallito Sport; $250 from Defendant John Doe, his wife Jane Doe III, and C/P Doe-Doe III d/b/a R est. El Caviar; $350 from Defendant Naydy Velazquez, her husband John Doe II, and C/P Doe II-Velazquez d/b/a El Faro; $250 from Defendant Georgina Pena-Paulino, her husband John Doe III, and C/P Doe III-Pena d/b/a El Flamboyan; $250 ag ainst John Doe IV, his wife Jane Doe VI, and C/P Doe IV-Doe VI d/b/a El Giro Pub; $350 from Defendant Sam Esedin, his wife Jane Doe VII, and C/P Esedin-Doe VII d/b/a El Mango; $250 from Defendant Luis Roman, his wife Jane Doe VIII, and C/P Roman-Doe VIII d/b/a El Negocio de Luis; $350 from Defendant Ana Vega, her husband John Doe V, and C/P Doe V-Vega d/b/a El Nuevo Moroco; $350 from Defendant Gabriel Alvarado-Figueroa, his wife Jane Doe, and C/P Alvarado-Doe d/b/a El Puerto Bar; $250 from Defendant Jose Hernandez-Garcia, his wife Jane Doe X, and C/P Hernandez-Doe X d/b/a El Pulpo Loco; $250 from Defendant Ismael Ruiz, his wife Jane Doe XII, and C/P Ruiz-Doe XII d/b/a El Retorno; and $350 from Defendant Ch arlie Amestico, his wife Jane Doe XIII, and C/P Amestico-Doe XIII d/b/a El Rincon Budweiser. These Defendants are also ORDERED to pay $1,027 in attorneys' fees and $160 in costs, all amounts to be paid jointly and severally. Signed by Judge Jaime Pieras, Jr. on 11/14/2008. (mld)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

PPV CONNECTION, INC., Plaintiff v. REYNALDO ORTIZ, et al., Defendants CIVIL NO. 07-1791 (JP)

DEFAULT JUDGMENT ON DAMAGES Before the Court is Plaintiff PPV Connection's ("PPVC") motion for default judgment (No. 38) against the following Defendants: (1) John Doe, his wife Jane Doe, and the conjugal partnership between them, d/b/a Restaurante El Caviar; (2) Naydy Velázquez, her husband John Doe, and the conjugal partnership between them, d/b/a El Faro; (3) Georgina Peña-Paulino, her husband John Doe, and the conjugal partnership between them, d/b/a El Flamboyán; (4) Israel Echevarría, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Gallito Sport; (5) John Doe, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Giro Pub; (6) Sam Esedín, his wife Jane Doe, and the conjugal

partnership between them, d/b/a El Mangó;

CIVIL NO. 07-1791 (JP) (7) Luis Román, his

-2wife Jane Doe, and the conjugal

partnership between them, d/b/a El Negocio de Luis; (8) Ana Vega, her husband John Doe, and the conjugal

partnership between them, d/b/a El Nuevo Moroco; (9) Gabriel Alvarado-Figueroa, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Puerto Bar; (10) José Hernández-García, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Pulpo Loco; (11) Ismael Ruiz, his wife Jane Doe, and the conjugal

partnership between them, d/b/a El Retorno; (12) Charlie Améstico, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Rincón Budweiser. Plaintiff PPVC filed the instant lawsuit on August 28, 2007, against seventeen establishments, their alleged owners, and the alleged owners' spouses and conjugal partnerships. Plaintiff alleges that on June 9, 2007, Defendant establishments unlawfully intercepted Plaintiff's closed circuit broadcast of the boxing match between Miguel Cotto and Zabdiel Judah. The Court has twice entered partial

judgments at Plaintiff's behest, dismissing numerous Defendants (Nos. 29, 39) so that only the above-named Defendants remain. The

Clerk of the Court entered Default against them on February 29, 2008 (Nos. 30-35). In Plaintiff PPVC's motion for default judgment, PPVC attached affidavits from auditors who visited each place of business as owned

CIVIL NO. 07-1791 (JP)

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by the above-named Defendants (No. 38) on the day of the boxing match. The affidavits, inter alia, detail the number of patrons

counted, the number of televisions, and which part of the copyrighted transmission was being shown. statement under penalty of Plaintiff PPVC also attached a by Fernando J. Gierbolini,

perjury

Plaintiff's attorney, attesting to the amount of attorneys' fees and costs incurred by Plaintiff. The statement sets forth the expense

of $12,325.00 for attorneys' fees (eighty-five hours at a rate of $145.00 per hour). The statement also sets forth the amount of

litigation costs, totaling $1,920.00, which is comprised of the following: $350.00 filing fee; $1,020.00 for service of process; and $550.00 for photocopies and postage. Because the aforementioned Defendants are in default, this "constitutes complaint." an admission of all facts well-pleaded v. Colón in the

Metropolitan

Life

Ins.

Co.

Rivera,

204 F. Supp. 2d 273, 274-275 (D.P.R. 2002); see also Banco Bilbao Vizcaya Argentaria v. Family Restaurants, Inc., 285 F.3d 111, 114 (1st Cir. 2002); Franco v. Selective Ins. Co., 184 F.3d 4, 9 n.3 (1st Cir. 1999). Therefore, the only issue remaining for

consideration is the amount of damages.

See Quirindongo Pacheco v.

Rolón Morales, 953 F.2d 15, 16 (1st Cir. 1992); Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2688 at 444 (1983) (citing Thomson v. Wooster, 114 U.S. 104, 5 S. Ct. 788, 29 L. Ed. 105 (1985)). Moreover, "once the entry of

CIVIL NO. 07-1791 (JP)

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a default establishes the fact of damage, the trial judge . . . has considerable latitude in determining the amount of damages." Jones v. Winnepesaukee Realty, 990 F.2d 1, 4 (1st Cir. 1993). Plaintiff PPVC prays for damages pursuant to Section 553 of the Communications Act of 1934. aggrieved may recover an Section 553 states that "the party award of statutory damages for all See

violations involved in the action, in a sum of not less than $250 or more than $10,000 as the court considers just." 47 U.S.C.

§ 553(c)(3)(A)(ii).

Section 553 further allows for recovery of

costs, including reasonable attorneys' fees to an aggrieved party who prevails. Id. at § 553(c)(2)(c).

In light of the above, the Court makes the following specific findings as to each Defendant: 1) According to the sworn statement subscribed by William

Feliciano-Román, who visited El Gallito Sport on the day of the fight, there were approximately twenty-three persons inside the establishment and one television displaying the fight. The Court

AWARDS Plaintiff two hundred and fifty dollars ($250.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00)1 in costs against Defendant Israel Echevarría, his wife Jane Doe, and the conjugal partnership

1.

A t t o r n e y s fees and costs were determined by dividing the total expenses ($12,325 . 0 0 and $1920.00, respectively) equally between the twelve e s t a b l i s h m e n t s listed in this Judgment.

CIVIL NO. 07-1791 (JP)

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between them, d/b/a El Gallito Sport, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 2) According to the sworn statement subscribed by Daniel

Alvarado-Alicea, who visited Restaurante El Caviar on the day of the fight, there were approximately thirty-five persons inside the establishment and three televisions displaying the fight. The Court

AWARDS Plaintiff two hundred and fifty dollars ($250.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant John Doe, his wife Jane Doe, and the conjugal partnership between them, d/b/a Restaurante El Caviar, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 3) According to the sworn statement subscribed by Daniel

Alvarado-Alicea, who visited El Faro on the day of the fight, there were approximately seventy-three persons inside the establishment and two televisions displaying the fight. The Court AWARDS Plaintiff

three hundred and fifty dollars ($350.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant Naydy Velázquez, her husband John Doe, and the conjugal partnership between them, d/b/a El Faro, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment.

CIVIL NO. 07-1791 (JP) 4) According to the

-6sworn statement subscribed by Daniel

Alvarado-Alicea, who visited El Flamboyán on the day of the fight, there were approximately thirty-two persons inside the establishment and one television displaying the fight. The Court AWARDS Plaintiff

two hundred and fifty dollars ($250.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant Georgina

Peña-Paulino, her husband John Doe, and the conjugal partnership between them, d/b/a El Flamboyán, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 5) According to the sworn statement subscribed by Ángel L.

López-Mena, who visited El Giro Pub2 on the day of the fight, there were approximately twenty persons inside the establishment and one television displaying the fight. The Court AWARDS Plaintiff two

hundred and fifty dollars ($250.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against John Doe, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Giro Pub, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment.

2.

A n g e l L. López Mena described this establishment as "El Cairo Pub." The Court u n d e r s t a n d s this to be a spelling error, and that Angel L. López Mena intended t o describe El Giro Pub.

CIVIL NO. 07-1791 (JP) 6)

-7-

According to the sworn statement subscribed by Mario A.

Ramos-Martínez, who visited El Mangó on the day of the fight, there were approximately fifty-five persons inside the establishment and one television displaying the fight. The Court AWARDS Plaintiff

three hundred and fifty dollars ($350.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant Sam Esedín, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Mangó, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 7) According to the sworn statement subscribed by Ismael

Areizaga-Méndez, who visited El Negocio de Luis on the day of the fight, there were approximately twenty-five persons inside the The Court

establishment and one television displaying the fight.

AWARDS Plaintiff two hundred and fifty dollars ($250.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant Luis Román, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Negocio de Luis, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 8) According to the sworn statement subscribed by Fernando

Ocasio-Cajigas, who visited El Nuevo Moroco on the day of the fight, there were approximately eighty-nine persons inside the establishment

CIVIL NO. 07-1791 (JP)

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and two televisions displaying the fight. The Court AWARDS Plaintiff three hundred and fifty dollars ($350.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant Ana Vega, her husband John Doe, and the conjugal partnership between them, d/b/a El Nuevo Moroco, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 9) According to the sworn statement subscribed by Fernando

Ocasio-Cajigas, who visited El Puerto Bar on the day of the fight, there were approximately sixty persons inside the establishment and two televisions displaying the fight. The Court AWARDS Plaintiff

three hundred and fifty dollars ($350.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant Gabriel Alvarado-Figueroa, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Puerto Bar, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 10) According to the sworn statement subscribed by José

Blasco-Figueroa, who visited El Pulpo Loco on the day of the fight, there were approximately twenty persons inside the establishment and one television displaying the fight. The Court AWARDS Plaintiff two

hundred and fifty dollars ($250.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred

CIVIL NO. 07-1791 (JP) sixty dollars ($160.00) in

-9costs, against Defendant José

Hernández-García, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Pulpo Loco; and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 11) According to the sworn statement subscribed by Ángel L.

López-Mena, who visited El Retorno on the day of the fight, there were approximately eight persons inside the establishment and one television displaying the fight. The Court AWARDS Plaintiff two

hundred and fifty dollars ($250.00) in damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant Ismael Ruiz, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Retorno; and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 12) According to the sworn statement subscribed by José

Blasco-Figueroa, who visited El Rincón Budweiser on the day of the fight, there were approximately seventy persons inside the

establishment and three televisions displaying the fight. AWARDS Plaintiff three hundred and fifty dollars

The Court in

($350.00)

damages, plus one thousand twenty-seven dollars ($1,027.00) in attorneys' fees and one hundred sixty dollars ($160.00) in costs, against Defendant Charlie Améstico, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Rincón Budweiser; and

CIVIL NO. 07-1791 (JP)

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ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. It is expressly directed that this Judgment shall be entered as final against the stated Defendants pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. In San Juan, Puerto Rico, this 14th day of November, 2008.

s/Jaime Pieras, Jr. JAIME PIERAS, JR. U.S. SENIOR DISTRICT JUDGE