J&J Sports Productions, Inc. v. CRUZ
Filing
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ORDER GRANTING SUMMARY JUDGMENT AND ENTERING FINAL JUDGMENT. Case terminated on 10/10/13.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
J&J SPORTS PRODUCTIONS, INC.,
Plaintiff,
VS.
DEMETRIA GOMEZ CRUZ,
Defendant.
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CIVIL ACTION NO. H-13-669
ORDER GRANTING SUMMARY JUDGMENT
AND ENTERING FINAL JUDGMENT
The plaintiff, J&J Sports Productions, Inc., filed a motion for summary judgment and brief
in support against the defendant, Demetria Gomez Cruz, individually and d/b/a Billares Chuy &
Sports Bar and d/b/a Billares Chuy (“Defendant”). Based on the motion, the accompanying brief,
the evidence, the pleadings on file, and relevant authorities, the court finds and concludes as follows:
1.
Plaintiff is an aggrieved party under the Federal Communications Act, 47 U.S.C. §§
553 and 605. It has elected to seek statutory damages.
2.
The court has jurisdiction over the subject matter and parties.
3.
Defendant exhibited the closed-circuit March 13, 2010 event, “Manny Pacquiao v.
Joshua Clottey, WBO Welterweight Championship Fight Program,” including
undercard and preliminary bouts, (the “Event”), without authorization from Plaintiff.
4.
Defendant’s actions were willful and for purpose of direct or indirect commercial
advantage or private financial gain.
The court orders as follows:
1.
Plaintiff is awarded from Defendant statutory damages under 47 U.S.C. §
605(e)(3)(C)(i)(II) in the amount of $10,000.00.
2.
Plaintiff is awarded additional damages under 47 U.S.C. § 605(e)(3)(C)(ii) from
Defendant in the amount of $10,000.00.
3.
Plaintiff is awarded attorney’s fees from Defendant in the amount of $750.00 for
prosecution of this case through this judgment, based on a reasonable hourly rate of
$250.00 and three hours of work.
4.
Defendant is enjoined from intercepting or exhibiting an unauthorized program in
violation of the Federal Communications Act.
5.
Plaintiff is awarded court costs and postjudgment interest on the amounts awarded
herein at an annual rate of .11% from the date of this judgment until paid.
6.
This is a final judgment.
SIGNED on October 10, 2013, at Houston, Texas.
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Lee H. Rosenthal
United States District Judge
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