Joe Hand Promotions Inc v. Barnacle Bill's LLC et al
ORDER FOR JUDGMENT BY DEFAULT AGAINST DEFENDANT BARNACLE BILL'S LLC d/b/a BARNACLE BILL'S RUM & RAW BAR. Re 11 Request for Entry of Default Judgment, filed by Joe Hand Promotions Inc. Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, Judgment by default is entered in favor of Plaintiff and against Defendant Barnacle Bills LLC d/b/a Barnacle Bills Rum & Raw Bar. The Court notes that Rule 4(m) requires notice to Plaintiff, therefore, th is Order shall constitute such notice to Plaintiff that unless objection is filed within 3 days, and good cause shown, the Clerk shall dismiss the individual William Lindsay without prejudice. Signed by the Honorable R Bryan Harwell on 01/03/2018. (lsut, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
JOE HAND PROMOTIONS, INC.,
- against -
CASE NO.: 4:17-cv-01324-RBH
BARNACLE BILL’S LLC, et al.,
ORDER FOR JUDGMENT BY DEFAULT AGAINST DEFENDANT BARNACLE
BILL’S LLC d/b/a BARNACLE BILL’S RUM & RAW BAR
Upon consideration of Plaintiff’s Motion for Final Default Judgment (“Motion”), the
accompanying Memorandum of Points and Authorities in Support thereof and evidence, the
pleadings on file and the relevant authorities, the Court concludes that Plaintiff has established
that it is an aggrieved party under the Federal Communications Act, 47 U.S.C. §§ 553 and 605
and recognizes Plaintiff’s election to seek statutory damages. The Court also concludes that it
has jurisdiction over the subject matter and parties to this action; that Defendant Barnacle Bill’s
LLC d/b/a Barnacle Bill’s Rum & Raw Bar (hereinafter “Defendant”) failed to answer or
otherwise defend as provided by the Federal Rules of Civil Procedure following proper service;
that the allegations in Plaintiff’s Original Complaint are deemed admitted against Defendant; that
Defendant exhibited the closed circuit, “Ultimate Fighting Championship® 207: Nunes v.
Rousey” Broadcast, including all undercard bouts and the entire television broadcast, scheduled
for December 30, 2016, (hereinafter “Broadcast”) without authorization from Plaintiff; and that
Defendant’s actions were willful and for purposes of direct or indirect commercial advantage or
private financial gain. Therefore, additional damages are warranted in this action.
The Court has considered the memorandum and reviewed the affidavits and exhibits
regarding the size of the establishment, the number of customers, and the rate card, which
indicates the rate for the event was $893.00.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, Judgment by
default is entered in favor of Plaintiff and against Defendant Barnacle Bill’s LLC d/b/a Barnacle
Bill’s Rum & Raw Bar.
605(e)(3)(C)(i)(II) from Defendant in the amount of $1,786.00. The Court notes this is double
the rate card amount.
That Plaintiff recover additional damages pursuant to 47 U.S.C. § 605(e)(3)(C)(ii)
from Defendant in the amount of $1,786.00 for willful violation and as the violation was
committed for private financial gain or commercial advantage.
That Plaintiff recovers attorneys’ fees from Defendant in the amount of $1,500.00
and costs in the amount of $645.00 relating to the prosecution of this matter. The Court has
considered the Barber v. Kimbrell’s, Inc. factors and the Court is familiar with fees normally
charged in this district and finds the hourly rate of counsel is reasonable in this district.
Total judgment awarded against Defendant Barnacle Bill’s LLC d/b/a Barnacle
Bill’s Rum & Raw Bar is $5,717.00.
Because Defendant William Lindsay was not served within the time limits set
forth in Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff’s claims against Defendant
William Lindsay should normally be dismissed without prejudice. However, the Court notes that
Rule 4(m) requires notice to Plaintiff, therefore, this Order shall constitute such notice to
Plaintiff that unless objection is filed within 3 days, and good cause shown, the Clerk shall
dismiss the individual William Lindsay without prejudice.
IT IS SO ORDERED.
January 3, 2018
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
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