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DIRECTV, INC. v. VICKNER

United States District Court, N.D. California, San Jose Division


September 9, 2005.

DIRECTV, INC., a California corporation, Plaintiff,
v.
FRANK VICKNER, et al., Defendants.

The opinion of the court was delivered by: JEREMY FOGEL, District Judge

[PROPOSED] DEFAULT JUDGMENT AGAINST DEFENDANT RODNEY BUTLER

IT APPEARING from the records in the above-entitled action that the default of Defendant RODNEY BUTLER ("Defendant") was entered on January 12, 2004 for failure to respond or to otherwise defend the Complaint for damages;

  IT FURTHER APPEARING from the Motion for Default Judgment Against Defendant filed herein that Plaintiff DIRECTV, Inc. ("DIRECTV")'s claim for damages is for a sum that can by computation be made certain;

  IT FURTHER APPEARING that there is no just reason for delay in entering final judgment in this matter as to Defendant and that final judgment shall be entered against said Defendant;

  IT FURTHER APPEARING from the Declaration of counsel for DIRECTV dated July 20, 2005, that Defendant is not an infant or incompetent person; IT FURTHER APPEARING from the Declaration of counsel for DIRECTV dated July 20, 2005, that Defendant is not in military service or otherwise exempted under the Servicemembers' Civil Relief Act;

  IT FURTHER APPEARING that DIRECTV alleges, and Defendant has admitted through his default, that Defendant violated the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq.;

  IT FURTHER APPEARING that, although 18 U.S.C. § 2520 provides for statutory damages for violation of the Electronic Communications Privacy Act of whichever is the greater of $100 per day of violation or $10,000, and although DIRECTV has submitted that Defendant violated the statute on 1,151 days (the date of his first purchase of the illegal devices through April 30, 2004, the date after which it appears the subject devices could not have been effective to modify DIRECTV Access Cards), DIRECTV only requested in its Complaint statutory damages of $10,000 per illegal device purchased and used by Defendant;

  IT FURTHER APPEARING that DIRECTV, as the prevailing party in this action, is entitled to reasonable attorneys' fees and costs pursuant to 18 U.S.C. § 2520(b)(3) incurred in prosecuting this action against Defendant and DIRECTV has submitted evidence of the amount of those fees incurred;

  NOW THEREFORE, on the request of counsel for DIRECTV, Judgment shall be entered as follows:

  1. Pursuant to 18 U.S.C. § 2520, as against Defendant RODNEY BUTLER, and in favor of Plaintiff DIRECTV, Inc., the sum of $40,000 (four (4) devices purchased and used by Defendant x $10,000), plus post-judgment interest thereon at the legal rate pursuant to 28 U.S.C. § 1961 from the date of entry of this Judgment;

  2. An award of attorneys' fees in the amount of $2,105.83; and 3. Costs pursuant to Fed.R.Civ.P. 54, subject to the filing of a Bill of Costs in compliance with the Local Rules of this Court.

20050909

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