Opinion
Civil Action No. 03-cv-4396.
December 20, 2004
ORDER AND FINAL JUDGMENT BY DEFAULT AGAINST WILLIAM RIPPEY
This matter having been opened to the Court by Marc E. Wolin, Esq., counsel for Plaintiff, DirecTV, Inc. ("DirecTV"), seeking entry of default judgment against Defendant William Rippey pursuant to Fed.R.Civ.P. 55(b)(2); Defendant William Rippey having failed to submit opposition papers, as well as having failed to answer, appear, or otherwise reply in any manner; the Court having reviewed Plaintiff's papers pursuant toFed.R.Civ.P. 78, and it further appearing that:
1. DirecTV distributes satellite television broadcasts throughout the United States via an electronically scrambled signal. The signal is unscrambled for subscribers through the use of a DirecTV access card. Compl. ¶ 2.
2. On May 25, 2001, with the assistance of law enforcement authorities, DirecTV executed Writs of Seizure upon a mail shipping facility, and uncovered records indicating that Defendant purchased three "unloopers," devices used to modify or circumvent DirecTV's signal-scrambling technology, as well as a programmer designed to modify DirecTV access cards. Complaint. ¶¶ 3, 8.
3. DirecTV filed a complaint against Defendant on September 12, 2003. The Complaint alleges violations of the Federal Communications Act of 1934, as amended, and the Electronic Communications Privacy Act, 18 U.S.C. § 2510- 2521.
4. Defendant Rippey was served with the Summons and Complaint on January 13, 2004. Proof of Service was filed with the Court on January 21, 2004. Pursuant to Fed.R.Civ.P. 12(a)(1)(A), Defendant Rippey was required to file an answer on or before February 2, 2004. On June 10, 2004, DirecTV requested that the Clerk enter default against Defendant Rippey pursuant to Fed.R.Civ.P. 55(a). The Clerk entered default against Defendant Rippey on June 14, 2004. A consequence of the entry of a default judgment is that "the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true." Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir. 1990) (citations omitted).
5. DirecTV is seeking solely injunctive relief against Defendant Rippey for violation of 47 U.S.C. § 605. Moreover, DirecTV is requesting damages in the amount of $10,000 pursuant to 18 U.S.C. § 2520 for violation of either § 2511 or § 2512, and not for both.
6. DirecTV is entitled to only one statutory damage award under § 2520 in the amount of $10,000 for a violation of either § 2511 or § 2512. DirecTV v. Dougherty, Civ. No. 02-5576 ("Dougherty II") (D.N.J. Oct. 8, 2002) (citing Desilets v. Wal-Mart Stores, Inc., 171 F.3d 711, 716 (1st Cir. 1999)). DirecTV also is entitled to reasonable attorney fees and costs. 18 U.S.C. § 2520(b)(3).
And for good cause shown,
IT IS, on this 20th day of December, 2004,
ORDERED that plaintiff's motion for entry of default judgment is granted; and it is further
ORDERED that judgment be entered in favor of plaintiff DirecTV, against defendant William Rippey, in the sum of $10,000.00, in addition to costs and disbursements in the amount of $30.00, and attorney fees in the amount of $1,032.25, amounting to a total sum of $11,062.25, plus post judgment interest at the legal rate in effect to accrue thereon from the date of this judgment forward until paid in full; and it is further
ORDERED that Defendant William Rippey, is permanently enjoined from committing or assisting in the commission of any violation of the Federal Communications Act of 1934, as amended, 47 U.S.C. § 605; and committing or assisting in committing any violation of the Electronic Communications Privacy Act, 18 U.S.C. § 2511 and/or § 2512.