PPV Connection, Inc. v. Grau-Alvarez et al

Filing 75

DEFAULT JUDGMENT for Plaintiff to have and recover $1,250 from Defendants Leonardo Sanabria, his wife Jane Doe 8 and C/P Sanabria-Doe 8 d/b/a Punta Las Marias Wine & Sport Boutique; $1,250 from Defendants Jose Luis Perales, his wife Jane Do e 9 and C/P Perales-Doe 9 d/b/a Rest. Borderline; $1,250 from Defendants Brian Cruz-Acosta, his wife Jane Doe 10 and C/P Cruz-Doe 10 d/b/a Rest. Chino How Wah; $1,250 from Defendants Luis Colon-Quintana, his wife Jane Doe 13 and C/P Colon-D oe 13 d/b/a Sitio Bar & Grill; $1,250 from Defendants Wilbert Hoffman, his wife Jane Doe 14 and C/P Hoffman-Doe 14 d/b/a Skybox; $1,250 from Defendants Giancarlos Quinones, his wife Jane Doe 19 and C/P Quinones-Doe 19 d/b/a The Green House; $1,250 from Defendants Carlo J. Correa and C/P Correa-Rosa d/b/a Tus Antojos Rest.; $1,250 from Defendants Edwin Diaz, his wife Jane Doe 21 and C/P Diaz-Doe 21 d/b/a Vente Pa Que Goces; $1,250 from Defendants Ismael Mendez-Colon, his wife Jane Doe 23 and C/P Mendez-Doe 23 d/b/a Windy's City; and $1,250 from Defendants Jason Acevedo-Morales, his wife Jane Doe 24 and C/P Acevedo-Doe 24 d/b/a El Borincano. All amounts are to be paid jointly and severally, in addition to costs and reasonable attorneys' fees. Motion terminated: Plaintiff's 71 Motion for Default Judgment. Signed by Judge Jaime Pieras, Jr. on 7/15/2010. (mld)

PPV Connection, Inc. v. Grau-Alvarez et al

Doc. 75

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

PPV CONNECTION, INC., Plaintiff v. MIGUEL A. GRAU-ÁLVAREZ, et al., Defendants CIVIL NO. 09-1451 (JP)

DEFAULT JUDGMENT ON DAMAGES Before the Court is Plaintiff PPV Connection's ("PPVC") motion for default judgment (No. 71) against the following Defendants: (1) Leonardo Sanabria, his wife Jane Doe, and the conjugal partnership between them, d/b/a Punta Las Marías Wine & Sport Boutique; (2) José Luis Perales, his wife Jane Doe, and the conjugal partnership between them, d/b/a Restaurante Borderline; (3) Brian Cruz-Acosta, his wife Jane Doe, and the conjugal partnership between them, d/b/a Restaurante Chino How Wah; (4) Luis Colón-Quintana, his wife Jane Doe, and the conjugal partnership between them, d/b/a Sitio Bar & Grill; (5) Wilbert Hoffman, his wife Jane Doe, and the conjugal partnership between them, d/b/a Skybox; (6) Giancarlos Quiñones, his wife Jane Doe, and the conjugal partnership between them, d/b/a The Green House;

Dockets.Justia.com

CIVIL NO. 09-1451 (JP) (7)

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Carlo J. Correa, and the conjugal partnership Correa-Rosa, d/b/a Tus Antojos Restaurante;1

(8)

Edwin

Díaz,

his

wife

Jane

Doe,

and

the

conjugal

partnership between them, d/b/a Vente Pa Que Goces; (9) Ismael Méndez-Colón, his wife Jane Doe, and the conjugal partnership between them, d/b/a Windy's City; and (10) Jason Acevedo-Morales, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Borincano. Plaintiff PPVC filed the instant lawsuit on May 20, 2009, against several establishments, their alleged owners, and the alleged owners' spouses and conjugal partnerships. Plaintiff alleges that

on July 26, 2008, Defendant establishments unlawfully intercepted Plaintiff's closed circuit broadcast of the boxing match between Miguel Cotto and Antonio Margarito. The Court has entered various

Partial Judgments so that only the above-named Defendants remain. The Clerk of the Court entered default against the remaining

Defendants on November 4, 2009 (No. 40). In Plaintiff's motion for default judgment, PPVC attached affidavits from investigators who visited each place of business as owned by the above-named Defendants (No. 71) on the day of the boxing match. The affidavits, inter alia, detail the number of patrons

1.

P l a i n t i f f also requested that default judgment be entered against Defendant M o n s e r r a t e Rosa-Alvarado. However, as explained in a separate order, said D e f e n d a n t has not been properly served and therefore default judgment cannot b e entered against Defendant Monserrate Rosa-Alvarado.

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counted, the number of televisions, and which part of the copyrighted transmission was being shown. Plaintiff also attached a statement

under penalty of perjury by Jennifer Marín, Vice President of Plaintiff PPVC, explaining the effects of Defendants' acts. Because the aforementioned Defendants are in default, this "constitutes complaint." an admission of all facts Ins. well-pleaded v. Colón in the

Metropolitan

Life

Co.

Rivera,

204 F. Supp. 2d 273, 274-75 (D.P.R. 2002). Therefore, the only issue remaining for consideration is the amount of damages. Moreover, "[o]nce the entry of a default establishes the fact of damage, the trial judge . . . has considerable latitude in determining the amount of damages." See Jones v. Winnepesaukee Realty, 990 F.2d 1, 4

(1st Cir. 1993). Plaintiff PPVC prays for damages pursuant to Section 553 and Section 605 of the Communications Act of 1934.2 Section 553 states

that "the party aggrieved may recover an award of statutory damages for all 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). Furthermore, Section 553 provides the Court with discretion to increase the award of damages up to the amount of $50,000 when "the violation was committed willfully and for purposes of commercial advantage or private financial gain[.]"

2.

T h e Court notes that in its motion for default judgment and in its complaint P l a i n t i f f requested statutory damages as opposed to actual damages.

CIVIL NO. 09-1451 (JP) Id. at § 553(c)(3)(B).

-4Lastly, Section 553 allows for recovery of

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

Section 605 states that the Court may award to a party aggrieved by a violation of this section damages and "shall direct the recovery of full costs, including awarding reasonable attorneys' fees[.]" 47 U.S.C. § 605(e)(3)(A) and (B). The statute provides that "the

party aggrieved may recover an award of statutory damages for each violation . . . in a sum of not less than $1,000 or more than $10,000, as the court considers just[.]" Id. § 605(e)(3)(C)(i)(II).

Also, the Court may, in its discretion, increase the award of damages up to $100,000 if "the violation was committed willfully and for purposes of direct or indirect commercial advantage or private financial gain[.]" Id. at § 605(e)(3)(C)(ii).

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

González-Morales, who visited Punta Las Marías Wine & Sport Boutique3 on the day of the fight, there were approximately

twenty-seven persons inside the establishment and two televisions displaying the fight. The Court AWARDS Plaintiff two hundred and

fifty dollars ($250.00) in damages for violating Section 553 and one

3.

J o s é R. González-Morales described this establishment as "Punta Las Marías W i n e Deli." The Court understands this to be an error, and that José R. G o n z á l e z - M o r a l e s intended to describe "Punta Las Marías Wine & Sport Boutique."

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thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable attorneys' fees against Defendant Leonardo Sanabria, his wife Jane Doe, and the conjugal partnership between them, d/b/a Punta Las Marías Wine & Sport Boutique, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 2) According to the sworn statement subscribed by Ricardo Borderline on the day of the seventy persons inside the

Rivera-Villanueva, who visited Rest. fight, there were approximately

establishment and three televisions displaying the fight.

The Court

AWARDS Plaintiff two hundred and fifty dollars ($250.00) in damages for violating Section 553 and one thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable

attorneys' fees against Defendant José Luis Perales, his wife Jane Doe, and the conjugal partnership between them, d/b/a Rest.

Borderline, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 3) According to the sworn statement subscribed by Luis A. Chino How Wah4 on the day of the seventy persons inside the

Colón-Colón, who visited Rest. fight, there were

approximately

establishment and one television displaying the fight.

The Court

4.

L u i s Colón-Colón described this establishment as "Rest. How Wah." The Court u n d e r s t a n d s this to be an error, and that Luis Colón-Colón intended to describe " R e s t . Chino How Wah."

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AWARDS Plaintiff two hundred and fifty dollars ($250.00) in damages for violating Section 553 and one thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable

attorneys' fees against Defendant Brian Cruz-Acosta, his wife Jane Doe, and the conjugal partnership between them, d/b/a Chino How Wah, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 4) According to the sworn statement subscribed by Alfredo

García-Rivera, who visited Sitio Bar & Grill on the day of the fight, there were approximately twenty persons inside the establishment and one television displaying the fight. hundred and fifty dollars The Court AWARDS Plaintiff two in damages for violating

($250.00)

Section 553 and one thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable attorneys' fees against Defendant Luis Colón-Quintana, his wife Jane Doe, and the conjugal partnership between them, d/b/a Sitio Bar & Grill, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 5) According to the sworn statement subscribed by Juan

Ortiz-Rodríguez, who visited Skybox on the day of the fight, there were approximately two hundred persons inside the establishment and one television displaying the fight. hundred and fifty dollars The Court AWARDS Plaintiff two in damages for violating

($250.00)

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Section 553 and one thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable attorneys' fees against Defendant Wilbert Hoffman, his wife Jane Doe, and the conjugal partnership between them, d/b/a Skybox, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 6) According to the sworn statement subscribed by Ismael

Areizaga-Méndez, who visited Green House on the day of the fight, there were approximately one hundred persons inside the establishment and one television displaying the fight. The Court AWARDS Plaintiff

two hundred and fifty dollars ($250.00) in damages for violating Section 553 and one thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable attorneys' fees against Defendant Giancarlos Quiñones, his wife Jane Doe, and the conjugal partnership between them, d/b/a The Green House, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 7) According to the sworn statement subscribed by Érica

Irizarry-Mártir, who visited Tus Antojos Rest. on the day of the fight, there were approximately seventy-five persons inside the establishment and one television displaying the fight. The Court

AWARDS Plaintiff two hundred and fifty dollars ($250.00) in damages for violating Section 553 and one thousand dollars ($1,000.00) in d a m a g es for violating Section 605, plus costs and reasonable

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attorneys' fees against Defendant Carlo J. Correa, and the conjugal partnership Correa-Rosa, d/b/a Tus Antojos Rest., and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 8) According to the sworn statement subscribed by Altagracia

Vázquez-Martínez, who visited Vente Pa Que Goces on the day of the fight, there were approximately twenty-five persons inside the establishment and three televisions displaying the fight. The Court

AWARDS Plaintiff two hundred and fifty dollars ($250.00) in damages for violating Section 553 and one thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable

attorneys' fees against Defendant Edwin Díaz, his wife Jane Doe, and the conjugal partnership between them, d/b/a Vente Pa Que Goces, and ORDERS them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 9) According to the sworn statement subscribed by Jesús Joel

Hernández, who visited Windy's City on the day of the fight, there were approximately fifteen persons inside the establishment and one television displaying the fight. hundred and fifty dollars The Court AWARDS Plaintiff two in damages for violating

($250.00)

Section 553 and one thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable attorneys' fees against Defendant Ismael Méndez-Colón, his wife Jane Doe, and the conjugal partnership between them, d/b/a Windy's City, and ORDERS

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them to jointly and severally pay this amount to Plaintiff pursuant to this Judgment. 10) According to the sworn statement subscribed by Jesús Joel

Hernández, who visited El Borincano on the day of the fight, there were approximately twenty-three persons inside the establishment and one television displaying the fight. hundred and fifty dollars The Court AWARDS Plaintiff two in damages for violating

($250.00)

Section 553 and one thousand dollars ($1,000.00) in damages for violating Section 605, plus costs and reasonable attorneys' fees against Defendant Jason Acevedo-Morales, his wife Jane Doe, and the conjugal partnership between them, d/b/a El Borincano; and 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 15th day of July, 2010.

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