DIRECTV LLC v. Cmejla et al
Filing
38
DECISION AND ORDER signed by Judge Rudolph T Randa on 2/9/2016 GRANTING 17 DIRECTV's Motion for Summary Judgment. DIRECTV is entitled to recover damages, costs and attorney's fees; its request to submit additional authorities on this is GRANTED. But the Court notes that this matter is set for a Court trial on 5/23/2016 and cannot be resolved on the papers unless the defendants waive their right to a trial in open court. (cc: all counsel) (lz) (Additional attachment(s) added on 2/10/2016: # 1 Corrected Order) (asc).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DIRECTV LLC,
Plaintiff,
-vs-
Case No. 15-C-227
JEFFREY R. CMEJLA and
JEFF’S SPORTS BAR LLC d/b/a
Jeff’s Sports Bar a/k/a Jeff’s Sports
Bar and Grill,
Defendants.
DECISION AND ORDER
DIRECTV alleges that the defendants, Jeffrey Cmejla and Jeff’s Sports
Bar, illegally received and displayed its satellite programming in violation of the
Communications Act, 47 U.S.C. § 605, et seq. DIRECTV moves for summary
judgment.
It is undisputed that on April 5, 2012, DIRECTV was being broadcast at
Jeff’s Sports Bar in Kewaunee, Wisconsin for public viewing. It is also undisputed
that the Bar was not authorized to broadcast DIRECTV for commercial viewing.
According to the defendants, unknown persons mistakenly installed a residential
account at the Bar in the name of Arnold Cmejla, Jeffrey’s father. Contrary to
this assertion, DIRECTV claims that Jeffrey Cmejla admitted to bringing a
residential receiver from his home into the Bar. This factual dispute is not
relevant at this stage because the Communications Act is a strict liability statute.
See Kingvision Pay Per View, Ltd. v. Williams, 1 F. Supp. 2d 1481, 1484 (S.D. Ga.
1998). Since there is no genuine issue of material fact as to liability, DIRECTV is
entitled to summary judgment. Fed. R. Civ. P. 56(a).
The only issues that remain are the amount of damages, costs, and
attorney’s fees that DIRECTV is entitled to recover. See, e.g., J&J Sports Prods.,
Inc. v. The Old School Way, LLC, No. 15-C-449, 2015 WL 4623598 (E.D. Wis. July
30, 2015). DIRECTV requests permission to submit additional authorities
regarding those amounts. This request is granted, but the Court notes that this
matter, currently scheduled for a trial to the Court on May 23, 2016, cannot be
resolved on the papers unless the defendants waive their right to a trial in open
court. See Fed. R. Civ. P. 52(a); Acuff-Rose Music, Inc. v. Jostens, Inc., 155 F.3d
140, 142-43 (2d Cir. 1998).
DIRECTV’s motion for summary judgment [ECF No. 17] is GRANTED.
Dated at Milwaukee, Wisconsin, this 9th day of February, 2016.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
-2-
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