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Dish Network LLC v. Scott

United States District Court, Second Circuit

September 26, 2013

DISH NETWORK L.L.C., ECHOSTAR TECHNOLOGIES L.L.C., and NAGRASTAR LLC, Plaintiffs,
v.
WILLIAM SCOTT, Defendant.

HAGAN NOLL & BOYLE LLC, STEPHEN MATTHEW FERGUSON, of Counsel Houston, Texas, Attorneys for Plaintiffs.

COUGHLIN & GERHART, LLP, ROBERT R. JONES, of Counsel, Binghamton, New York, Attorneys for Plaintiffs.

WILLIAM SCOTT, Pro Se Lockport, New York.

REPORT and RECOMMENDATION and ORDER

LESLIE G. FOSCHIO, Magistrate Judge.

JURISDICTION

This case was referred to the undersigned by Honorable Richard J. Arcara on August 22, 2011, for all pretrial matters. Pending before the undersigned is Plaintiffs' motion (Doc. No. 25), filed October 19, 2012, for a default judgment.

BACKGROUND and FACTS[1]

Plaintiffs to this action include DISH Network L.L.C. ("DISH Network"), a multi-channel video provider delivering services to subscribers who pay a fee to receive such services, NagraStar LLC ("NagraStar"), who provides DISH Network with the technology forming a proprietary conditional access system, and Digital Nagra Advanced Security Process, ("the access system"), which regulates what DISH Network programming DISH Network's authorized subscribers, based on their subscriptions, can receive (together, "Plaintiffs"). Plaintiffs commenced this action on June 16, 2011 alleging Defendant Scott Williams ("Williams" or "Defendant"), by subscribing to a pirate television service, located in Canada, unlawfully circumvented DISH Network's security system and received copyrighted, subscription-based DISH Network satellite television programming without authorization by or payment to DISH Network, in violation of the Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(1) ("First Claim for Relief"), the Communications Act of 1934, 47 U.S.C. § 605(a) ("Second Claim for Relief"), and the Electronic Communications Privacy Act, 18 U.S.C. §§ 2511(1)(a) and 2520. Although Defendant's answer (Doc. No. 7), was filed on August 19, 2011, in a Report and Recommendation filed September 25, 2012 (Doc. No. 23) ("R&R"), the undersigned recommended default be entered against Defendant as a sanction for failing to comply with discovery or to participate in mediation. By Order filed October 17, 2012 (Doc. No. 24), Judge Arcara, no objections to the R&R having been filed, adopted the R&R and referred the matter back to the undersigned for further proceedings.

On October 19, 2012, Plaintiffs filed the instant motion (Doc. No. 25) ("Plaintiff's motion") seeking entry of default judgment, statutory damages, and attorneys fees and costs, attaching the Declaration of Stephen Ferguson, Esq. in Support of Plaintiffs' Motion for Default Judgment (Doc. No. 25-1) ("Ferguson Declaration"), and the Memorandum of Law in Support of Plaintiffs' Motion for Default Judgment (Doc. No. 25-2) ("Plaintiffs' Memorandum").

On October 22, 2012, the undersigned ordered the Clerk of the Court to enter a default pursuant to Fed.R.Civ.P. 55(1) (Doc. No. 26), and Entry of Default (Doc. No. 28), was filed. That same day, the undersigned ordered Plaintiffs to file an affidavit in support of their request for attorney's fees and costs, and granting Defendant an opportunity to file any response opposing the request (Doc. No. 27).

Accordingly, on October 29, 2012, Plaintiffs filed the Declaration of Stephen Ferguson, Esq., in Support of Plaintiffs' Request for Attorneys' Fees and Costs (Doc. No. 31) ("Supplemental Ferguson Declaration"), attaching exhibits ("Plaintiffs' Exh(s). __"). To date, Defendant has not filed any response opposing Plaintiffs' motion or the representations contained in the Supplemental Ferguson Declaration.

Based on the following, Plaintiffs' motion for default judgment (Doc. No. 25), should be GRANTED.

DISCUSSION

1. Default ...


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