Opinion
Case No. 4:12 CV 2231 RWS
03-12-2014
J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. GO GO INVESTMENTS, LLC, et al., Defendants.
MEMORANDUM AND ORDER
This matter is before me on Plaintiff J & J Sports Productions, Inc.'s motion for a default judgment. J & J Sports Productions owned the nationwide television distribution rights to a boxing match which took place on September 17, 2011. J & J Sports Productions sells the right to publically exhibit this broadcast to various public establishments (eg. hotels, racetracks, casinos, bars, taverns, restaurants, social clubs, etc.) A number of these establishments illegally intercepted the broadcast and showed it to their patrons without obtaining a license to do so from J & J Sports Productions.
The present lawsuit alleges that Go Go Investments, LLC (d/b/a Nubia Cafe) and Clinton Billups, Jr. illegally intercepted the broadcast and played it to patrons at Nubia Cafe. J & J Sports Productions has sued Defendants under two alternative federal statutes.
J & J Sports Productions' first count alleges a violation of 47 U.S.C. § 605, which prohibits the unauthorized publication or use of communications. In the context of the present lawsuit, this statute prohibits the unauthorized interception of video programming from a satellite that is primarily intended for direct receipt only by authorized users. It provides for statutory damages of not less that $1,000 but not more than $10,000. Id. at § 605(e)(3)(C)(i)(II). Where the violation was committed willfully and for the purpose of commercial gain the statutory damages may be increased in an amount of not more than $100,000. Id. at § 605(e)(3)(C)(ii). Attorney's fees and costs may also be recovered under this statute. Id. at § 605(e)(3)(B)(iii).
J & J Sports Productions' second count alleges a violation of 47 U.S.C. § 553, which prohibits the unauthorized reception of cable services. It provides for statutory damages of not less that $250 but not more than $10,000. Id. at §553(c)(3)(A)(ii). Where the violation was committed willfully and for the purpose of commercial gain the statutory damages may be increased in an amount of not more than $50,000. Id. at §553(c)(3)(B). Attorney's fees and costs may also be recovered under this statute. Id. at § 553(c)(2)(C).
The defendants in this matter have been served. On October 11, 2013, the Clerk of Court entered a default against the defendants because they failed to file an answer or other responsive pleading. In its complaint, J & J Sports Productions prayed for the maximum statutory damages in the amount of $100,000 for the violation of 47 U.S.C. § 605 and $50,000 for the violation of 47 U.S.C. § 553. In its motion for a default judgment, J & J Sports Productions seeks statutory damages of $150,000. Plaintiff can recover either under § 605 if Defendants intercepted the broadcast from a satellite or under § 553 if Defendants intercepted the broadcast from a cable service. Plaintiff cannot recover damages under both statutes.
Neither the complaint nor any other filings in this matter indicate which method Defendants used to intercept the broadcast. I will therefore grant J & J Sports Productions a default judgment under § 605. Damages awarded pursuant to 47 U.S.C. § 605 or 47 U.S.C. § 553 have varied tremendously in this district. See Joe Hand Promotions, Inc. v. Thompson, No. 4:11CV1740, 2013 WL 466278,at *3 (E.D. Mo. Feb. 7, 2013) (collecting cases of awards between $3,000.00 and $150,000.00). In fashioning a statutory award, the Court in Thompson considered, among other things, the amount of the financial gain by the defendant, whether the defendant is alleged to be a repeat violator, and the need to deter future violations. Id. Based on the affidavits provided by Plaintiff, I will exercise my discretion to award statutory damages in the amount of $10,000.00 under § 605(e)(3)(C)(i)(II), $5,000.00 in enhanced statutory damages under § 605(e)(3)(C)(ii), and costs in the amount of $400.00 under § 605(e)(3)(B)(iii). With regard to Plaintiff's request for attorney's fees, Plaintiff submits the affidavit of its attorney, Vincent Vogler. Mr. Vogler avers that Plaintiff incurred approximately 10 hours of legal service at a cost of $250.00 per hour. I find Plaintiff's request for attorney's fees to be reasonable and will award the requested amount of $2,500.00. Thus I will award Plaintiff a total of $17,900.00. However, Plaintiff has not shown it is entitled to post-judgment interest at the rate of nine percent per annum, as requested. Post-judgment interest in federal court accrues at the rate set by federal law.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's motion for default judgment [#19] is granted in part only to the extent set out above and is denied in all other respects.
A separate Judgment in accordance with this Memorandum and Order is entered this same date.
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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE