J&J Sports Productions, Inc. v. Jonescorp, Inc. et al

Filing 42

ORDER entered: the parties should be prepared to discuss Mandell's holding that a defendant under § 553 can prevail by showing that he or she had the permission of the cable operator, rather than the permission of the license-owner. In Te patitlan, this court explained why Mandell's holding logically extends to claims under § 605. The issue is whether the defendants had permission from the sender of the satellite transmission, not whether it had permission from the license- owner. The parties should come prepared to discuss these cases and tailor their presentations to the legal rule they establish. (Signed by Chief Judge Lee H Rosenthal) (Attachments: # 1 Supplement, # 2 Supplement) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
J&J SPORTS PRODUCTION, INC.,
Plaintiff,
VS.
JONESCORP, INC, et al.,
Defendants.

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ENTERED
June 06, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-15-1172

ORDER
The defendants’ pretrial statement notes that the defendants intend to prove that Jonescorp
ordered the pay-per-view fights in issue from Dish Network. In light of this defense, the parties
should come prepared to discuss the Fifth Circuit’s opinion in J&J Sports Prods., Inc. v. Mandell
Family Ventures, L.L.C., 751 F.3d 346 (5th Cir. 2014), and this court’s opinion in J&J Sports
Prods., Inc. v. Tepatitlan Mexican Kitchen, Inc., No. CV H-15-2666, 2016 WL 8710461 (S.D. Tex.
Oct. 21, 2016). (Copies of both opinions are attached to this order.)
Specifically, the parties should be prepared to discuss Mandell’s holding that a defendant
under § 553 can prevail by showing that he or she had the permission of the cable operator, rather
than the permission of the license-owner. In Tepatitlan, this court explained why Mandell’s holding
logically extends to claims under § 605. The issue is whether the defendants had permission from
the “sender” of the satellite transmission, not whether it had permission from the license-owner. The
parties should come prepared to discuss these cases and tailor their presentations to the legal rule
they establish.
SIGNED on June 6, 2017, at Houston, Texas.

______________________________________
Lee H. Rosenthal
Chief United States District Judge
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