PPV Entertainment, LLC. v. Rivera-Diaz et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION at Docket No. 24 . Default Judgment shall be entered accordingly. Signed by Judge Gustavo A. Gelpi on 11/24/2015. (MET)

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

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PPV ENTERTAINMENT, LLC.,

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Plaintiff,

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v.

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LUIS RIVERA-DIAZ, et al.,

CASE NO. 14-1884 (GAG)

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Defendants.

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ORDER ADOPTING REPORT AND RECOMMENDATION

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On June 19, 2015, Magistrate Judge Silvia Carreño-Coll held a default damages hearing

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for the above-captioned case. (Docket No. 21)

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Judge recommends the undersigned award Plaintiff the following damages: $1250 for

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Defendant’s violation of 47 U.S.C. § 60, pursuant to 47 U.S.C. § 605(e)(3)(C)(i); $1,250 for

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Defendants’ willful violation of section 605, pursuant to 47 U.S.C. § 605(e)(3)(C)(ii) —even

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though Judge Carreño cautioned that willful violation damages are not customary in this

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district— and lastly, $2,000 for costs and fees under 47 U.S.C. § 605(e)(3)(B)(iii). (Docket No.

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24.)

After careful consideration, the Magistrate

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After reviewing Judge Carreño’s Report and Recommendation at Docket No. 24 as to

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Plaintiff’s default damages award, the undersigned ADOPTS Judge Carreño’s recommendation

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as follows. Because Defendant is a small business, the undersigned finds that a reduced damage

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award is more reasonable and safeguards section 605’s deterrent effect.

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Civil No. 14-1884 (GAG)

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First, the Court hereby awards Plaintiff $250 for Defendants’ violation of section 605,

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under § 605(e)(3)(C)(i). At this juncture, the court, in the exercise of its discretion, will not

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impose damages for Defendants’ willful violation of section 605, as provided by §

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605(e)(3)(C)(ii).

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605(e)(3)(B)(iii).

Finally, $2,000 are awarded to Plaintiff on costs and fees under §

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SO ORDERED.

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In San Juan, Puerto Rico this 24th day of November, 2015.

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s/ Gustavo A. Gelpí
GUSTAVO A. GELPI
United States District Judge