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J&J Sports Productions, Inc v. Angel Fraide Paniagua

March 21, 2011

J&J SPORTS PRODUCTIONS, INC.,
PLAINTIFF,
v.
ANGEL FRAIDE PANIAGUA, D/B/A EL POLLO DORADO,
DEFENDANT.



The opinion of the court was delivered by: Lucy H. Koh United States District Judge

(re: docket #12)

ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

The Clerk of the Court entered default against Defendant Angel Fraide Paniagua, doing

18 business as El Pollo Dorado ("Defendant"), after Defendant failed to appear or otherwise respond 19 to the Summons and Complaint within the time prescribed by the Federal Rules of Civil Procedure. 20

Before the Court is Plaintiff J&J Sports Productions, Inc.'s motion for default judgment. See Dkt. 21

#12. Defendant, not having appeared in this action to date, has not opposed the motion. Pursuant 22 to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral 23 argument. The March 24, 2011 hearing is vacated. For the reasons discussed below, Plaintiff's 24 motion for default judgment is GRANTED. 25

I. DISCUSSION

Plaintiff is a distributor of sports and entertainment programming, and alleges that it owns commercial distribution rights to broadcast the closed-circuit program, including all under-card 28 bouts, "'Firepower: Manny Pacquiao v. Miguel Cotto WBO Welterweight Championship Fight Program" ("Program"), originally broadcast nationwide on November 14, 2009. See Compl. ¶ 9.

Plaintiff alleges that the Program was unlawfully intercepted and exhibited by Defendant, at his 3 commercial establishment El Pollo Dorado, located in Salinas, California. Id. at ¶ 12. On 1934, as amended, 47 U.S.C. §605 and 47 U.S.C. §553, as well as violations of California law 6 against conversion and California Business and Professions Code §17200. In the pending motion 7 for default judgment, however, Plaintiff seeks damages only under §605 and for conversion.

November 12, 2010, Plaintiff filed this action for violation of the Federal Communications Act of Plaintiff requests $10,000.00 in statutory damages for violation of 47 U.S.C. §605(e)(3)(C)(i)(II), and $100,000.00 in enhanced damages for willful violation of 47 U.S.C.

Defendant would have been required to pay had he ordered the Program from Plaintiff. Once the Clerk of Court enters default, all well-pleaded allegations regarding liability are taken as true 13 except as to the amount of damages. See Fair Hous. of Marin v. Combs, 285 F.3d 899, 906 (9th 14 Cir. 2002). Satisfied of its subject matter jurisdiction (federal statutes at issue) and personal 15 jurisdiction (Defendant resides and does business in this district), the Court shall proceed to review Plaintiff's motion for default judgment. than $1,000 and not more than $10,000 for each violation of §605(a), as the Court considers just. 20

"A traditional method of determining statutory damages is to estimate either the loss incurred by 21 the plaintiff or the profits made by the defendants." Joe Hand Promotions v. Kim Thuy Ho, No. C-22

Plaintiff submits evidence that a commercial license for the broadcast of the Program would have cost Defendant $2,200.00, based on Defendant's 95-person establishment capacity. See Affidavit of Joseph M. Gagliardi, President of J&J Sports Productions, Inc., Exh. 1. Alternatively, 26 as to potential profits of Defendant, Plaintiff submits evidence that between 80 and 85 patrons were 27 present at El Pollo Dorado at the time of the Program, and that there was no ...


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