Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Joe Hand Promotions, Inc. v. Estien

December 27, 2007

JOE HAND PROMOTIONS, INC. AS BROADCAST LICENSEE OF THE DECEMBER 11, 2004 KLITSCHKO/WILLIAMS PROGRAM, PLAINTIFF,
v.
FATIMA ESTIEN, INDIVIDUALLY AND D/B/A CASA DE CAMPO RESTAURANT, AND CASA DE CAMPO RESTAURANT, DEFENDANTS.



The opinion of the court was delivered by: Townes, United States District Judge

MEMORANDUM and ORDER

Plaintiff, Joe Hand Promotions, Inc. ("Plaintiff"), contracted for the right to exhibit the telecast of a December 11, 2004 boxing match, including "all undercard bouts and the entire television broadcast" (collectively, the "Event") via closed-circuit television and encrypted satellite signals. Complaint ("Compl.") ¶ 15. In July 2006, plaintiff commenced this action pursuant to two sections of the Federal Communications Act of 1934 ("FCA"), 47 U.S.C. §§ 553 and 605, alleging that defendants, Fatima Estien, individually and d/b/a Casa De Campo Restaurant, and Casa De Campo Restaurant (collectively, "Defendants"), intercepted, received, and/or de-scrambled Plaintiff's satellite signal without authorization, and exhibited the Event to patrons at the Casa De Campo Restaurant. Id. ¶¶ 15-24, 32-36. In addition, Plaintiff alleges that Defendants violated 47 U.S.C. § 605(e)(4) by knowingly modifying a device or utilizing equipment to decrypt a satellite cable programming or direct-to-home satellite services without authorization. Id. ¶¶ 26-30.

Now, Plaintiff moves for a default judgment against Defendants, only seeking relief under § 605(a).*fn1 In particular, Plaintiff seeks statutory damages "up to" $10,000.00, enhanced damages "up to" $100,000.00, and costs and attorney's fees in the amount of $1,331.25.*fn2 For the reasons set forth below, Plaintiff's motion is granted and judgment shall be entered in the amount of $12,121.25.

The Consequences of Defendants' Default "While a party's default is deemed to constitute a concession of all well pleaded allegations of liability, it is not considered an admission of damages." Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir.1992); see also Chen v. Jenna Lane, Inc., 30 F. Supp. 2d 622, 623 (S.D.N.Y. 1998). Accordingly, by defaulting in this case, Defendants have conceded, inter alia, that they willfully violated 47 U.S.C. §§ 553 and 605. Compl. ¶¶ 25, 37; see also Entertainment by J&J, Inc. v. Mama Zee Restaurant & Catering Services, Inc., No. CV-01-3945, 2002 WL 2022522, at *2 (E.D.N.Y. May 21,2002) (Report and Recommendation of Gold, M.J.) (finding that, with facts similarly asserted here, "plaintiff's complaint clearly establish[ed] the elements of liability required to state claims under both Section 553(a)(1) and Section 605(a).").

Although Defendants have admitted liability under both § 605 and § 553, Plaintiff "can recover under only one statute." Kingvision Pay-Per-View Ltd. v. Brito, No. 05 CV 1042, 2006 WL 728408, at *1 (S.D.N.Y. Mar. 20, 2006) (Report and Recommendation of Ellis, M.J.) (citing International Cablevision, Inc. v. Sykes, 75 F.3d 123, 129 (2d Cir. 1996)). Plaintiff has explicitly elected to recover only under § 605(a), see Plaintiff's Memorandum of Law ("Plaintiff's Memo"), p. 4,*fn3 so this Court will determine the damages recoverable under that statute.

Damages Under § 605(a)

Section 605(e) provides, inter alia, that any person aggrieved by a violation of § 605(a) can bring a civil action in district court, in which the court:

(i) may grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of . . . [§ 605(a)];

(ii) may award damages as described in subparagraph (C); and

(iii) shall direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails.

47 U.S.C. § 605(e)(3)(B). Subparagraph (C) permits the recovery of either actual damages under (C)(i)(I), or statutory damages under (C)(i)(II). Plaintiff expressly requests that this Court award it statutory damages. See Plaintiff's Memo, p. 4.

The statutory damages provision, § 605(e)(3)(C)(i)(II), provides, in pertinent part:

[T]he party aggrieved may recover an award of statutory damages for each violation of [ยง 605(a)] . . . in a sum of not less than $1,000 or more than ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.