G & G Closed Circuit Events, LLC v. Arturo Flores

CourtDistrict Court, E.D. California
DecidedAugust 14, 2019
Docket1:18-cv-01248
StatusUnknown

This text of G & G Closed Circuit Events, LLC v. Arturo Flores (G & G Closed Circuit Events, LLC v. Arturo Flores) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
G & G Closed Circuit Events, LLC v. Arturo Flores, (E.D. Cal. 2019).

Opinion

3 UNITED STATES DISTRICT COURT

4 FOR THE EASTERN DISTRICT OF CALIFORNIA

6 G&G CLOSED CIRCUIT EVENTS, LLC, 1:18-cv-001248-LJO-JLT

7 Plaintiff, ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT (ECF NOS. 26 8 v. & 27)

9 ARTURO FLORES, et al.,

10 Defendants.

12 I. PRELIMINARY STATEMENT TO PARTIES AND COUNSEL 13 Judges in the Eastern District of California carry the heaviest caseloads in the nation, and this 14 Court is unable to devote inordinate time and resources to individual cases and matters. Given the 15 shortage of district judges and staff, this Court addresses only the arguments, evidence, and matters 16 necessary to reach the decision in this order. The parties and counsel are encouraged to contact the 17 offices of United States Senators Feinstein and Harris to address this Court’s inability to accommodate 18 the parties and this action. The parties are required to reconsider consent to conduct all further 19 proceedings before a Magistrate Judge, whose schedules are far more realistic and accommodating to 20 parties than that of U.S. Chief District Judge Lawrence J. O’Neill, who must prioritize criminal and 21 older civil cases. 22 Civil trials set before Chief Judge O’Neill trail until he becomes available and are subject to 23 suspension mid-trial to accommodate criminal matters. Civil trials are no longer reset to a later date if 24 Chief Judge O ’Neill is unavailable on the original date set for trial. Moreover, this Court’s Fresno 25 2 the Nation to serve as visiting judges. In the absence of Magistrate Judge consent, this action is subject

3 to reassignment to a U.S. District Judge from inside or outside the Eastern District of California.

4 II. INTRODUCTION

5 In this matter, G&G Closed Circuit Events, LLC (“G&G” or “Plaintiff”) alleges that on

6 September 16, 2017, Defendants Arturo Flores (“A. Flores”) and Alejandro Vasquez (“Vasquez”)

7 unlawfully and without prior authorization broadcast a closed-circuit boxing match (Gennady Golovkin

8 v. Saul Alvarez IBF World Middleweight Championship) at two locations: the common area of the “Los

9 Amigos Swapmeet,” located in Bakersfield, California; and in “La Placita,” a commercial establishment

10 located within the Los Amigos Swapmeet. ECF No. 1 at ¶ 11; 1:18-cv-1249, ECF No. 1 at ¶ 15.1

11 Plaintiff advances four causes of action: (1) violation of 47 U.S.C. § 553 (“section 553”); (2) violation of

12 47 U.S.C. 605(a) (“section 605(a)”); (3) conversion; and (4) violation of California Business and

13 Professions Code § 17200, et seq. (“section 17200”). Before the Court for decision are cross motions for

14 summary judgment. ECF Nos. 26 and 27. The matter was taken under submission on the papers without

15 oral argument. ECF No. 32. For the reasons set forth below, both motions are DENIED.

16 III. STANDARD OF DECISION

17 Summary judgment is appropriate when there is no genuine issue as to any material fact and the

18 moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56. At summary judgment, a

19 court’s function is not to weigh the evidence and determine the truth but to determine whether there is a

20 genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). The Court must

21 draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility

23 1 The member case, G&G Closed Circuit Events, LLC v. Arturo Flores, et al., 1:18-cv-1249 LJO-JLT, was consolidated with 24 the above captioned action. ECF No. 25. Where it is necessary to refer to the member case, the Court will provide that case number before the Electronic Case File docket number. All other docket number references are to the above-captioned 25 matter. 2 Inc., 530 U.S. 133, 150 (2000). But if the evidence of the nonmoving party is merely colorable or is not

3 significantly probative, summary judgment may be granted. Liberty Lobby, Inc., 477 U.S. at 249-50. A

4 fact is “material” if its proof or disproof is essential to an element of a plaintiff’s case. Celotex Corp. v.

5 Catrett, 477 U.S. 317, 322-23 (1986). A factual dispute is “genuine” “if the evidence is such that a

6 reasonable jury could return a verdict for the nonmoving party.” Liberty Lobby, Inc., 477 U.S. at 248.

7 “Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving

8 party, there is no genuine issue for trial.” Matsushita Elec. Industrial Co., Ltd. v. Zenith Radio Corp.,

9 475 U.S. 574, 587 (1986) (internal citation omitted).

10 The moving party bears the initial burden of informing the Court of the basis for its motion, and

11 of identifying those portions of the pleadings and discovery responses that demonstrate the absence of a

12 genuine issue of material fact for trial. Celotex, 477 U.S. at 323. If the moving party meets its initial

13 burden, the nonmoving party must go beyond the pleadings and, by its own affidavits or discovery, set

14 forth specific facts showing that there is some genuine issue for trial in order to defeat the motion. See

15 Fed. R. Civ. P. 56(c); Liberty Lobby, Inc., 477 U.S. at 250.

16 IV. ANALYSIS

17 As mentioned, due to its extraordinary caseload, this Court will not belabor its analysis of the

18 pending cross motions. It only addresses the arguments raised by the parties and limits is analysis and

19 explanations to those issues and facts necessary to its decision.

20 A. Statutory Authorities

21 47 U.S.C. § 605 addresses unauthorized publication or use of wire or radio communications and

22 provides in pertinent part:

23 (a) . . . no person receiving, assisting in receiving . . . any interstate . . . communication by wire or radio shall divulge or publish the existence,

24 contents, substance, purport, effect or meaning thereof, except through authorized channels of transmission or reception, (1) to any person other

25 than the addressee, his agent, or attorney . . . No person having received 2 t ch oe m c mon ut ne in ct as t, i osu nb (s ot ra n ac ne y, pp au rr tp to hr et r, ee of ff )e c kt n, oo wr m ine ga tn hi an tg s uo cf hs u cc oh m munication was intercepted, shall divulge or publish the existence, contents, 3 substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) 4 for his own benefit or for the benefit of another not entitled thereto.

5 ***

6 (e) (3)(A) Any person aggrieved by any violation of subsection (a) of this section ... may bring a civil action in a United States district court or in 7 any other court of competent jurisdiction.

8 47 U.S.C. §

Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
No. 98-5341
267 F.3d 196 (Third Circuit, 2001)
United States v. Vincent Franklin Bennett
363 F.3d 947 (Ninth Circuit, 2004)
Reeves v. Sanderson Plumbing Products, Inc.
530 U.S. 133 (Supreme Court, 2000)
J&J Sports Productions, Inc. v. 291 Bar & Lounge, LLC
648 F. Supp. 2d 469 (E.D. New York, 2009)
Burlesci v. Petersen
80 Cal. Rptr. 2d 704 (California Court of Appeal, 1998)

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