Opinion
Civil Action No. 98-5076 (NHP).
May 10, 1999
Alan Gelb, Esq., Cherry Hill, N.J., Attorney for Plaintiff.
One on One Bar, Inc. t/a Lucky 12 Bar, Paterson, New Jersey.
LETTER ORDER ORIGINAL ON FILE WITH CLERK OF THE COURT
Dear Litigants:
This matter comes before the Court on plaintiff, Joe Hand Promotions, Inc.'s ("plaintiff"), motion to enter default judgment against defendant One on One Bar, Inc. t/a Lucky 12 Bar ("defendant"). The Court has decided this matter without oral argument, pursuant to Federal Rule of Civil Procedure 78. Based upon the reasoning set forth below, the Court will enter default judgment against defendant in the amount of $11,000.00, but the Court will not file a Final Judgment of Default until it receives an affidavit of attorney's fees from plaintiff.
STATEMENT OF FACTS AND DISCUSSION
This matter arises from plaintiff's Complaint against the defaulting defendant alleging that defendant illegally broadcasted the Mike Tyson v. Evander Holyfield fight on November 9, 1996. The fight was shown via closed-circuit television and plaintiff alleges that defendant used an illegal satellite receiver, intercepted plaintiff's signal, and/or used an illegal cable converter box or device to intercept plaintiff's broadcast. Plaintiff alleges that defendant violated the provisions of 47 U.S.C. § 605.The defaulting defendant was served with a Summons and Complaint in this matter and has failed to answer or otherwise defend. Plaintiff moves as to the defaulting defendant for default judgment in the amount of $110,000.00.
With respect to the amount of the judgment, plaintiff's unsubstantiated request for a judgment of $110,000.00 is excessive. The relevant statute provides with respect to damages:
the party aggrieved may recover an award of statutory damages for each violation of subsection (a) of this section involved in the action in a sum of not less than $1,000 or more than $10,000, as the court considers just, and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000.00, or more than $100,000, as the court considers just.47 U.S.C. § 605(e)(3)(C)(i)(II).
Additionally, paragraph four of the statute provides
Any person who manufactures, assembles, modifies, imports, exports, sells or distributes any electronic, mechanical, or other device or equipment, knowing or having reason to know that the device or equipment is primarily of assistance in the unauthorized decryption of satellite cable programming, or is intended for any other activity prohibited by subsection (a) of this section, shall be fined not more than $500,000 for each violation, or both. For purposes of all penalties and remedies established for violations of this paragraph, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation.47 U.S.C. § 605(e)(4).
The Court finds that the appropriate measure of damages as to the defaulting defendant is $11,000.00. This represents the sum of $1,000 for the initial violation pursuant to § 605(a), and an increase of $10,000 pursuant to the § 605(e)(4) violation.
Since plaintiff is also entitled to attorney's fees and costs, the Court will not file a Final Judgment of Default until such time as plaintiff provides an affidavit of fees and costs.
SO ORDERED: