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Cablevision Systems New York City Corporation v. Santiago

United States District Court, S.D. New York
Apr 9, 2003
02 CIV. 322 (DLC) (S.D.N.Y. Apr. 9, 2003)

Opinion

02 CIV. 322 (DLC)

April 9, 2003

William E. Primavera, Lefkowitz, Lewis and Sullivan, L.L.P., Jericho, NY, for Plaintiff.


MEMORANDUM OPINION AND ORDER


An order of default was entered against defendant Joseph Santiago ("Santiago") in this action on May 20, 2002. On May 21, 2002, the case was referred to Magistrate Judge Freeman for an inquest on damages. For the reasons that follow, Judge Freeman's Report and Recommendation of March 10, 2003 (the "Report"), to which the defendant has made no objection, is adopted.

Cablevision learned that Santiago had purchased a pirate converter on September 28, 1998. Santiago was also a genuine customer of Cablevision, subscribing to one of its lower cost packages. Through the pirate converter Santiago had access to additional free programming and services for 33 months. The Report estimates the actual damages at approximately $5,000.00, and found that an award of $10,000 was appropriate to deter future violations.

A reviewing court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1)(C). "To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record." Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985); see also Pizarro v. Bartlett, 776 F. Supp. 815, 817 (S.D.N.Y. 1991).

This Court finds no clear error on the face of the record. The Report correctly concluded that Cablevision was entitled under the Communications Act to obtain statutory damages of $10,000. 47 U.S.C. § 605(d)(6), 605(e)(3)(C)(i)(II) (2003). The Report also did not err in awarding Cablevision $180.00 in costs and denying its request for attorney's fees. New York State Ass'n for Retarded Children, Inc. v. Carey, 711 F.2d 1136, 1148 (2d Cir. 1998).

Conclusion

Finding no clear error, the Report is adopted. The Clerk of Court shall enter judgment for Cablevision Systems New York City Corporation against the defendant Joseph Santiago in the amount of $10,000.00 in statutory damages and $180.00 in costs. The Clerk of Court shall close the case.

SO ORDERED:


Summaries of

Cablevision Systems New York City Corporation v. Santiago

United States District Court, S.D. New York
Apr 9, 2003
02 CIV. 322 (DLC) (S.D.N.Y. Apr. 9, 2003)
Case details for

Cablevision Systems New York City Corporation v. Santiago

Case Details

Full title:CABLEVISION SYSTEMS NEW YORK CITY CORPORATION, Plaintiff, v. JOSEPH…

Court:United States District Court, S.D. New York

Date published: Apr 9, 2003

Citations

02 CIV. 322 (DLC) (S.D.N.Y. Apr. 9, 2003)

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