Opinion
02 Civ. 0777 (JSM) (AJP)
September 4, 2002
REPORT AND RECOMMENDATION
To the Honorable John S. Martin, United States District Judge:
Judge Martin granted King Vision's application for entry of a default (Dkt. No. 9: 8/23/02 Order). By Order dated August 15, 2002, I required the parties to submit papers on the inquest by August 30, 2002 and further provided:
The parties' papers shall, inter alia, address my decision in King Vision Pay-Per-View Corp., Ltd. v. Drencia Restaurant Corp., 01 Civ. 9777, 2002 WL 1000284 (S.D.N.Y. May 15, 2002) (Peck, M.J.) ( cases cited therein). Indeed, if King Vision agrees to $20,000 in statutory damages, it need not brief the inquest, and merely needs to provide information about the number of patrons at defendants' restaurant and support for its legal fee and costs request.
(Dkt. No. 10.)
Defendants did not respond to the Court's Order. King Vision filed papers agreeing to $20,000 in statutory damages. (Geller 8/28/02 Letter to Court at 1.) The Court recommends awarding King Vision $20,000 in statutory damages, for the reasons set forth in King Vision Pay-Per-View Corp. v. Drencia Restaurant Corp., 01 Civ. 9777, 2002 WL 1000284 (S.D.N.Y. May 15, 2002) (Peck, M.J.) ( cases cited therein).
King Vision's investigator found 25 patrons at defendants' premises (Geller 8/28/02 Letter to Court, attaching Investigator Report Aff.), so King Vision would receive less than $20,000 under those cases that award damages on a per patron basis. See King Vision v. Drencia, 2002 WL 1000284 at *2 n. 4 (citing cases).
King Vision's request for $962.50 in attorneys' fees (5.5 hours times $175 per hour) and $175 in costs (Geller 8/28/02 Letter Geller Aff.) is reasonable.
CONCLUSION
For the reasons stated above, the Court should award King Vision statutory damages of $20,000 and attorneys' fees and costs of $1,137.50.