United States District Court, D. Maryland
REPORT AND RECOMMENDATION
L. Simms, United States Magistrate Judge
Report and Recommendation addresses the “Motion for
Judgment by Default” (the “Motion”), filed
by the J&J Sports Production, Inc.
(“Plaintiff”) against El Tapatio, Inc. t/a El
Tapatio Mexican Restaurant, Beronica Navarro, and Ruben
Navarro Mendez (collectively, the “Defendants”).
(ECF No. 15).
to 28 U.S.C. § 636 and Local Rule (“L.R.”)
301, the Honorable Theodore D. Chuang referred this matter to
the undersigned to author a report and make recommendations
concerning default judgment and/or damages. The relevant
issues have been briefed, and I do not believe an additional
hearing is necessary. L.R. 105.6. As set forth more fully
below, I ultimately recommend that the Court
GRANT Plaintiff's Motion and award
Plaintiff $20, 540 in damages and other relief.
FACTUAL AND PROCEDURAL BACKGROUND
facts, as set forth in Plaintiff's Complaint, are that
J&J Sports Productions, Inc. is a California corporation
engaged in the commercial distribution and licensing of
sporting events. (ECF No. 1). On April 23, 2015, Plaintiff
entered an agreement that granted it exclusive closed-
circuit television distribution rights to “The
Fight of the Century” Floyd Mayweather, Jr. v.
Manny Pacquiao Championship Fight Program (the
“Program”), which was to broadcast nationally on
May 2, 2015. (ECF No. 1-2). Plaintiff subsequently entered
into sublicensing agreements with various commercial
establishments, which purchased the rights to exhibit the
Program. (ECF No. 1). The transmission of the Program was
encrypted and available only to those establishments that
paid the sublicensing fee. (ECF No. 15-8).
Stephens, an investigator hired by Plaintiff, declared in a
sworn affidavit that, on May 3, 2015 at 12:43 a.m., he paid a
$10 cover charge to enter El-Tapatio Mexican Restaurant and
observed the final round of the Program being shown on a
large projection screen and on six other flat screen
televisions positioned throughout the restaurant. (ECF No.
April 6, 2018, Plaintiff filed a Complaint asserting claims
that the Defendants engaged in unauthorized interception of
communications through a cable system, in violation of 47
U.S.C. § 553; and unauthorized interception of a wire or
radio communication, in violation of 47 U.S.C. § 605.
(ECF No. 1). Plaintiff alleges that the Defendants violated
these statutes by showing the Program without authorization
“for the purpose of direct or indirect commercial
April 13, 2018, Plaintiff served the summonses and the
Complaint upon Ruben Navarro Mendez and Beronica Navarro.
(ECF Nos. 5 - 6). On June 1, 2018, Plaintiff served a summons
and the Complaint on El Tapatio, Inc. (ECF No. 8).
Thereafter, Plaintiff moved for entry of default against the
Defendants. (ECF Nos. 9-10; 13). The Clerk of the Court
entered default on June 12, 2018, against the individual
defendants, and against El Tapatio, Inc. on August 3, 2018.
(ECF Nos. 11-12; 14).
August 21, 2018, Plaintiff filed a “Motion for Judgment
by Default” seeking statutory damages, attorneys'
fees, and costs in the amount of $20, 540.00. (ECF No. 15).
To date, the Defendants have not filed an Answer nor
otherwise responded to the Complaint.
of the Federal Rules of Civil Procedure governs default
judgments. Upon motion of a party, Rule 55(a) provides that a
default judgment can be entered when a defendant fails to
“plead or otherwise defend in accordance with [Rule