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J&J Sports Productions, Inc v. Fredis Noel Bonilla

April 8, 2011

J&J SPORTS PRODUCTIONS, INC.,
PLAINTIFF,
v.
FREDIS NOEL BONILLA, ET AL.
DEFENDANT.



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

United States District Court

For the Northern District of California

ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (re: docket #9)

Defendants Fredis Noel Bonilla and Choice Group Enterprise Inc., both doing business as Tacos Choice Mexican Food, failed to appear or otherwise respond to the Summons and Complaint 19 in this case within the time prescribed by the Federal Rules of Civil Procedure. The Clerk of the Court entered default on January 12, 2011. Dkt. #8. Before the Court is Plaintiff J&J Sports Productions, Inc.'s motion for default judgment. See Dkt. #9. Defendants, not having appeared in this action to date, have not opposed the motion. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument. The April 14, 2011 hearing is vacated. For the reasons discussed below, Plaintiff's motion for default judgment is GRANTED.

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" (the "Program"), originally broadcast nationwide on November 14, 2009. See Compl. ¶ 10. Plaintiff alleges that the Program was unlawfully intercepted and exhibited by Defendants, at 3 their commercial establishment Tacos Choice Mexican Food located in Salinas, California. Id. at Communications Act of 1934, as amended, 47 U.S.C. §605 and 47 U.S.C. §553, as well as 6 violations of California law against conversion and California Business and Professions Code § 605 and for conversion.

¶ 13. On November 12, 2010, Plaintiff filed this action for violation of the Federal §17200. In the pending motion for default judgment, however, Plaintiff seeks damages only under 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.

Clerk of Court enters default, all well-pleaded allegations regarding liability are taken as true 14 except as to the amount of damages. See Fair Hous. of Marin v. Combs, 285 F.3d 899, 906 (9th Cir. 2002). Satisfied of its subject matter jurisdiction (federal statutes at issue) and personal 16 jurisdiction (Defendant resides and does business in this district), the Court shall proceed to review Plaintiff's motion for default judgment.

20 than $1,000 and not more than $10,000 for each violation of §605(a), as the Court considers just.

"A traditional method of determining statutory damages is to estimate either the loss incurred by 22 the plaintiff or the profits made by the defendants." Joe Hand Promotions v. Kim Thuy Ho, No. C-23 Plaintiff submits evidence that a commercial license for the broadcast of the Program would have cost Defendants $2,200.00, based on Tacos Choice Mexican Food's 30-person capacity. See Affidavit of Joseph M. Gagliardi, President of J&J Sports Productions, Inc., Exh. 1. Alternatively, as to potential profits of Defendants, Plaintiff submits evidence that three separate head counts, at 28 various times, revealed that the total number of patrons was 3, 6, and 10, and that there was no §605(e)(3)(C)(ii). With respec t to its conversion claim, Plaintiff seeks $2,200.00, the amount Defendant would have been required to pay had he ordered the Program from Plaintiff. Once the 13 1. Statutory Damages under Section 605(e)(3)(c)(i)(II) Section 605(e)(3)(c)(i)(II) provides that an aggrieved party may recover a sum of not less 09-01435 RMW (N.D. Cal. Sept. 18, 2009) (citing cases).

United States District Court For the Northern District of California

cover charge. See Affidavit of Investigator Irene Calderon, attached to Mot. for Default Judgment.

As there is no evidence of how much Defendants made during the unlawful exhibition of the Accordingly, the Court finds that Plaintiff is ...


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