J & J Sports Productions, Inc. v. Montenegro

1 Peter Dubowsky, Esq. Nevada Bar No. 4972 2 DUBOWSKY LAW OFFICE, CHTD. 300 South Fourth Street, Suite 1020 [3] Las Vegas, Nevada 89101 Fax: 702-360-3515 [4] Tel: 702-360-3500 5 Attorneys for Plaintiff [6] UNITED STATES DISTRICT COURT [7] DISTRICT OF NEVADA [8] J & J SPORTS PRODUCTIONS, INC. ) Case No.: 2:17-cv-02353-MMD-BNW 9 ) Plaintiff, ) [10] ) 11 vs. ) ) 12 HECTOR MONTENEGRO individually and ) PROPOSED DEFAULT JUDGMENT dba EL TRANCAZO NIGHT CLUB, LLC aka ) 13 EL TRANCAZO NIGHT CLUB, ) ) 14 Defendant. ) ) [15] 16 Plaintiff, J & J Sports Productions, Inc. (hereinafter Plaintiff), by and through its [17] attorneys of record, Peter Dubowsky, Esq. of the Dubowsky Law Office, Chtd., having [18] filed a Complaint against Defendants HECTOR MONTENEGRO individually and dba EL [19] TRANCAZO NIGHT CLUB, LLC aka EL TRANCAZO NIGHT CLUB (ECF 1) and [20] alleging broadcast piracy under the of 1934, as amended, Title 47 U.S.C. 605 et seq., and [21] The Cable & Television Consumer Protection and Competition Act of 1992, as amended, [22] Title 47 U.S. Section 553, et seq. for pirating the "Floyd Mayweather Jr. vs. Marcos [23] Maidana II” WBC World Lightweight Championship Fight Program, telecast nationwide [24] 25 on September 13, 2014; and 1 Plaintiff having submitted their Motion for Default Judgment (“Motion”) (ECF 15) 2 || with supporting Legal Memorandum to the Motion (ECF 16), and the Plaintiff's Affidavit > of J oseph M. Gagliardi (plus the Attachments: # 1 Exhibit License Agreement, # 2 Exhibit Rate Card) (ECF 17) and Affidavit of witness Lawrence E. Sanchez (ECF 18); and ° The Court finds that Plaintiff has met the seven factors outlined by the Ninth Circuit in Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986) for granting default judgment; and [4] 3 accordingly, the amounts requested by Plaintiff for its federal claim, $10,000 in statutory 9 damages and $30,000 in “enhanced” statutory damages ( 47 U.S.C. §§ 605 (e)((C)(3)@MdD 19 || and (e)(3)Gi) and Kingvision Pay-Per-View, Ltd. v. Backman, 102 F.Supp.2d 1196 (N.D. 11 || Cal. 2000)) based on this willful violation, including but not limited to such factors as the 12 Defendants $20.00 cover charge, and multiple screens (ECF 18), for a total award of 13 $40,000 against Defendant HECTOR MONTENEGRO individually and dba EL 14 || TRANCAZO NIGHT CLUB, LLC aka EL TRANCAZO NIGHT CLUB. *° | Dated: October 5, 2020 [17] U.S. DISTRICT COURT JUDGE [25] - 2