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J & J Sports Productions, Inc. v. Margaillan

United States District Court, Ninth Circuit

December 18, 2013

J & J SPORTS PRODUCTIONS, INC., Plaintiff,
v.
LUIS HECTOR MARGAILLAN, et al., Defendants.

ORDER

CINDY K. JORGENSON, District Judge.

Pending before the Court is Plaintiff's Application for Default Judgment by the Court (Doc. 15). The Clerk of the Court has entered default.

Factual and Procedural Background

Plaintiff J & J Sports Productions, Inc., ("J & J Sports") filed a Complaint in this Court on May 4, 2013.

In its Complaint, J & J Sports alleges Defendant Luis Hector Margaillan ("Margaillan"), an individual specifically identified on the Arizona Department of Liquor Licenses and Control license issued for the commercial establishment doing business as Shooters Sportsbar ("Shooters"), located at 1123 G Avenue, Douglas, 85607, is a managing member of Lamco Enterprises, LLC ("Lamco"), which owns and operates Shooters.

J & J Sports alleges that on May 5, 2012, Margaillan had the right and ability to supervise the activities of Shooters, which included the unlawful interception of Floyd Mayweather, Jr. v. Miguel Cotto, WBA Super World Light Middleweight Championship Fight Program ("the Program"). J & J Sports alleges it was granted, pursuant to contract, the exclusive nationwide commercial distribution (closed-circuit) rights to the Program. J & J Sports alleges Margaillan specifically directed Shooters employees to unlawfully intercept and broadcast the Program at Shooters or that the actions of the employees of Shooters are directly imputable to Margaillan by virtue of his acknowledged responsibility for the actions of Shooters.

J & J Sports alleges Margaillan as managing member of Lamco Enterprises, LLC and as an individual specifically identified on the liquor license for Shooters, had an obvious and direct financial interest in the activities of Shooters, which included the unlawful interception of the Program. J & J Sports further alleges that the unlawful broadcast of the Program, as supervised and/or authorized by Margaillan resulted in increased profits for Shooters Sportsbar. J & J Sports further alleges Margaillan, as an individual specifically identified on the liquor license for Shooters, had the obligation to supervise the activities of Shooters, which included the unlawful interception of Program, and, among other responsibilities, had the obligation to ensure that the liquor license was not used in violation of law.

J & J Sports also alleges that Lamco is an owner, and/or operator, and/or licensee, and/or permittee, and/or person in charge, and/or an individual with dominion, control, oversight and management of Shooters.

J & J Sports alleges Margaillan and Lamco violated 47 U.S.C. § 605 by their unauthorized publication or use of communications (i.e., the transmission of the Program for which J & J Sports had the distributing rights). J & J Sports alleges the conduct of Margaillan and Lamco was done willfully and for purposes of direct commercial advantage and/or private financial gain. For this violation, J & J Sports asserts it is entitled to the following from each Defendant:

(a) Statutory damages for each willful violation in an amount to $100, 000.00 pursuant to Title 47 U.S.C. 605(e)(3)(C)(ii), and also
(b) the recovery of full costs, including reasonable attorneys' fees, pursuant to Title 47 U.S.C. Section 605(e)(3)(B)(iii).

Complaint, Doc. 1, p. 6.

J & J Sports also alleges Margaillan and Lamco violated 47 U.S.C. § 553 by their unauthorized interceptions, reception, publication, divulgence, display, and/or exhibition of the Program. For this violation J & J Sports asserts it is entitled to the following from each Defendant:

(a) Statutory damages for each violation in an amount to $10, 000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(A)(ii); and also
(b) Statutory damages for each willful violation in an amount to $50, 000.00 pursuant to Title 47 ...

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