United States District Court, E.D. Texas, Sherman Division
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
L. MAZZANT, UNTTED STATES DTSTRTCT JUDGE
for consideration the report of the United States Magistrate
Judge in this action, the matter having been heretofore
referred to the Magistrate Judge pursuant to 28 U.S.C. §
636. On March 15, 2019, the report of the Magistrate Judge
(the “Report”) (Dkt. #14) was entered, containing
proposed findings of fact and recommendations that Plaintiff
J&J Sports Productions Inc.'s
(“Plaintiff” or “J&J Sports”)
Motion for Default Judgment (the “Motion”) (Dkt.
#6) against Defendant Pastor A. Rivera d/b/a Rivera's
Restaurant and Bakery and Rivera's Salva Tex Mex
(“Defendant”) be granted. See id.
received the Report of the United States Magistrate Judge,
and no objections thereto having been timely filed, the Court
is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate
Judge's report as the findings and conclusions of the
lawsuit seeks damages pursuant to 47 U.S.C. § 605
(“Section 605”), for the unlawful receipt of
communications through the air via radio, including satellite
communications. Plaintiff J&J Sports established that
Defendant displayed an unauthorized transmission of the May
2, 2015, Floyd Mayweather, Jr., versus Manny Pacquiao
Championship Fight program, including undercard and/or
preliminary bouts, at Defendant's restaurant (the
“Fight”). See Dkt. #6-1 at 7. Defendant
could not have broadcast the Fight without making an
intentional effort to intercept the satellite transmission,
and obtained no sub-license to intercept the transmission
legally. See id. In displaying the Fight at
Defendant's restaurant, Defendant charged a cover charge
for entry, sold food and drinks, and filled the restaurant
beyond its capacity. See Dkt. #6-1 at 8, 21-22.
lawsuit seeks statutory damages, damages for willful
violation of Section 605(e)(3)(C)(ii), attorney's fees,
court costs, and injunctive relief. More than twenty-one days
have expired since Defendant was served, and Defendant has
not entered an appearance and has not filed any pleadings in
this case. On August 30, 2018, Plaintiff filed a request for
Clerk's Entry of Default (Dkt. #8), which was entered on
August 30, 2018 (Dkt. #9). Additionally, Plaintiff mailed
Defendant, by certified mail, a copy of: (1) J&J
Sports' request for entry of default judgment; (2) the
proposed entry of default; (3) J&J Sports' Motion for
Default Judgment and Brief in Support; (4) J&J
Sports' appendix to the Motion; (5) the proposed final
default judgment; and (6) the Magistrate Judge's Report
and Recommendation. See Dkt. #13-1 at 2; Dkt. #15.
Accordingly, the procedural requirements of Rule 55 have been
satisfied such that the Court may properly enter default.
record establishes that J&J Sports is the exclusive
license company authorized to sub-license the closed-circuit
telecast of the Fight, and only establishments that
contracted with J&J Sports received either the electronic
decoding capability and/or satellite coordinates to properly
receive the signal for the Fight. See Dkt. #2 at 2.
J&J Sports established that Defendant received no such
coordinates or electronic decoding equipment. See
id. However, the record establishes that Defendant
displayed the Fight, including preliminary and undercard
bouts, without authorization. See Dkt. #2 at 2-3.
record also establishes that Defendant broadcast the Fight at
his restaurant, located at 1321 North Tennessee Street, Suite
100, McKinney, Texas 75069 (the “Establishment”).
See Dkt. #2 at 1. The Establishment has a capacity
of approximately seventy people, however, on the night of the
Fight, between ninety-eight and one hundred and three patrons
watched the Fight at the Establishment. See Dkt.
#6-1 at 22. During the broadcast of the Fight, every table in
the Establishment was full, Defendant charged patrons a cover
charge of ten dollars per person, Defendant sold food and
drinks, and Defendant broadcast the Event on two
“big-screen” televisions, each approximately
fifty inches across. See Dkt. #6-1 at 8, 21-22.
Therefore, the record establishes that Defendant violated
Section 605 willfully. Accordingly, Plaintiff is entitled to
statutory damages of $10, 000.00. Moreover, because the Court
finds Plaintiff has established Defendant acted willfully,
the Court finds Plaintiff is entitled to damages under §
605(e)(3)(C)(ii) of $50, 000.00.
record establishes Plaintiff is entitled to attorneys'
fees. See 47 U.S.C.A. § 605(e)(3)(B)(iii). The
Court finds that recovery of one-third of the total damages
recovered reasonable. See J&J Sports Prods., Inc. v.
Chance Club Corp., 2011 WL 2909885, at *3 (N.D. Tex.
July 20, 2011). Accordingly, Plaintiff is entitled to recover
$20, 000.00 in attorneys' fees. The Court is satisfied
that the hours expended and the fees charged were reasonable
for such services in a lawsuit of this nature in the Eastern
District of Texas. Plaintiff is also entitled to post
judgment interest and costs. See 28 U.S.C. §
record establishes Plaintiff is entitled to injunctive relief
pursuant to 47 U.S.C.A. § 605(e)(3)(B)(i). Based on the
record, it is appropriate to enjoin Defendant from future
unlawful interceptions of J&J Sports' satellite
the record establishes that Plaintiff made multiple attempts
to contact Defendant regarding these proceedings (see,
e.g., Dkts, #4, #11, #13) and also served Defendant with
a copy of the Report recommending entry of default judgment
(see Dkt. #15). Defendant has not entered an
appearance in this action, nor timely filed written
objections to the Report.
IS THEREFORE ORDERED that Plaintiffs Motion for
Default Judgment (Dkt. #6) against Defendant Pastor ...