J&J Sports Productions, Inc. v. Rivera

Filing 16

MEMORANDUM ADOPTING 14 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 6 Motion for Default Judgment. Signed by District Judge Amos L. Mazzant, III on 4/10/2019. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

J&J SPORTS PRODUCTIONS, INC.,
Plaintiff,
v.
PASTOR A. RIVERA d/b/a RIVERA’S
RESTAURANT AND BAKERY d/b/a
RIVERA’S SALVA TEX MEX,
Defendant.

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Civil Action No.: 4:18-cv-00298

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
the matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On March 15, 2019, the report of the Magistrate Judge (the “Report”) (Dkt. #14) was entered,
containing proposed findings of fact and recommendations that Plaintiff J&J Sports Productions
Inc.’s (“Plaintiff” or “J&J Sports”) Motion for Default Judgment (the “Motion”) (Dkt. #6) against
Defendant Pastor A. Rivera d/b/a Rivera’s Restaurant and Bakery and Rivera’s Salva Tex Mex
(“Defendant”) be granted. See id.
Having received the Report of the United States Magistrate Judge, and no objections
thereto having been timely filed, the Court is of the opinion that the findings and conclusions of
the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court.

I.

BACKGROUND

This lawsuit seeks damages pursuant to 47 U.S.C. § 605 (“Section 605”), for the unlawful
receipt of communications through the air via radio, including satellite communications. Plaintiff
J&J Sports established that Defendant displayed an unauthorized transmission of the May 2, 2015,
Floyd Mayweather, Jr., versus Manny Pacquiao Championship Fight program, including
undercard and/or preliminary bouts, at Defendant’s restaurant (the “Fight”). See Dkt. #6-1 at 7.
Defendant could not have broadcast the Fight without making an intentional effort to intercept the
satellite transmission, and obtained no sub-license to intercept the transmission legally. See id. In
displaying the Fight at Defendant’s restaurant, Defendant charged a cover charge for entry, sold
food and drinks, and filled the restaurant beyond its capacity. See Dkt. #6-1 at 8, 21–22.
II.

DISCUSSION

This lawsuit seeks statutory damages, damages for willful violation of Section
605(e)(3)(C)(ii), attorney’s fees, court costs, and injunctive relief. More than twenty-one days have
expired since Defendant was served, and Defendant has not entered an appearance and has not
filed any pleadings in this case. On August 30, 2018, Plaintiff filed a request for Clerk’s Entry of
Default (Dkt. #8), which was entered on August 30, 2018 (Dkt. #9). Additionally, Plaintiff mailed
Defendant, by certified mail, a copy of: (1) J&J Sports’ request for entry of default judgment; (2)
the proposed entry of default; (3) J&J Sports’ Motion for Default Judgment and Brief in Support;
(4) J&J Sports’ appendix to the Motion; (5) the proposed final default judgment; and (6) the
Magistrate Judge’s Report and Recommendation. See Dkt. #13-1 at 2; Dkt. #15. Accordingly, the
procedural requirements of Rule 55 have been satisfied such that the Court may properly enter
default.

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The record establishes that J&J Sports is the exclusive license company authorized to sublicense the closed-circuit telecast of the Fight, and only establishments that contracted with J&J
Sports received either the electronic decoding capability and/or satellite coordinates to properly
receive the signal for the Fight. See Dkt. #2 at 2. J&J Sports established that Defendant received
no such coordinates or electronic decoding equipment. See id. However, the record establishes that
Defendant displayed the Fight, including preliminary and undercard bouts, without authorization.
See Dkt. #2 at 2–3.
The record also establishes that Defendant broadcast the Fight at his restaurant, located at
1321 North Tennessee Street, Suite 100, McKinney, Texas 75069 (the “Establishment”). See Dkt.
#2 at 1. The Establishment has a capacity of approximately seventy people, however, on the night
of the Fight, between ninety-eight and one hundred and three patrons watched the Fight at the
Establishment. See Dkt. #6-1 at 22. During the broadcast of the Fight, every table in the
Establishment was full, Defendant charged patrons a cover charge of ten dollars per person,
Defendant sold food and drinks, and Defendant broadcast the Event on two “big-screen”
televisions, each approximately fifty inches across. See Dkt. #6-1 at 8, 21–22. Therefore, the record
establishes that Defendant violated Section 605 willfully. Accordingly, Plaintiff is entitled to
statutory damages of $10,000.00. Moreover, because the Court finds Plaintiff has established
Defendant acted willfully, the Court finds Plaintiff is entitled to damages under § 605(e)(3)(C)(ii)
of $50,000.00.
The record establishes Plaintiff is entitled to attorneys’ fees. See 47 U.S.C.A.
§ 605(e)(3)(B)(iii). The Court finds that recovery of one-third of the total damages recovered
reasonable. See J&J Sports Prods., Inc. v. Chance Club Corp., 2011 WL 2909885, at *3 (N.D.
Tex. July 20, 2011). Accordingly, Plaintiff is entitled to recover $20,000.00 in attorneys’ fees. The

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Court is satisfied that the hours expended and the fees charged were reasonable for such services
in a lawsuit of this nature in the Eastern District of Texas. Plaintiff is also entitled to post judgment
interest and costs. See 28 U.S.C. § 1961.
The record establishes Plaintiff is entitled to injunctive relief pursuant to 47 U.S.C.A.
§ 605(e)(3)(B)(i). Based on the record, it is appropriate to enjoin Defendant from future unlawful
interceptions of J&J Sports’ satellite transmissions.
Finally, the record establishes that Plaintiff made multiple attempts to contact Defendant
regarding these proceedings (see, e.g., Dkts, #4, #11, #13) and also served Defendant with a copy
of the Report recommending entry of default judgment (see Dkt. #15). Defendant has not entered
an appearance in this action, nor timely filed written objections to the Report.
III.

CONCLUSION

IT IS THEREFORE ORDERED that Plaintiff’s Motion for Default Judgment (Dkt. #6)
against Defendant Pastor A. Rivera is GRANTED as follows:
Defendant is hereby ENJOINED from intercepting the transmission of any closed-circuit
program with respect to which J&J Sports possesses the rights to sublicense and exhibit, absent
prior authorization from J&J Sports.
Additionally, the Court finds J&J Sports is entitled to the following damage award:
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$10,000.00 in statutory damages; $50,000.00 in additional damages for willful violations of
Section 605; and $20,000.00 in attorneys’ fees. J&J Sports is also entitled to statutory postjudgment interest and costs. See 28 U.S.C. § 1961.
IT IS SO ORDERED.
SIGNED this 10th day of April, 2019.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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