J & J Sports Productions, Inc. v. Montenegro

D. Nevada

J & J Sports Productions, Inc. v. Montenegro

District Court, D. Nevada·Decided October 5, 2020·No. 2:17-cv-02353·Unknown

Opinion

Peter Dubowsky, Esq. Nevada Bar No. 4972 300 South Fourth Street, Suite 1020 Las Vegas, Nevada 89101 Fax: 702-360-3515 Tel: 702-360-3500 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA J & J SPORTS PRODUCTIONS, INC. ) Case No.: 2:17-cv-02353-MMD-BNW ) Plaintiff, ) ) vs. ) ) HECTOR MONTENEGRO individually and ) PROPOSED DEFAULT JUDGMENT dba EL TRANCAZO NIGHT CLUB, LLC aka ) ) Defendant. ) ) Plaintiff, J & J Sports Productions, Inc. (hereinafter Plaintiff), by and through its attorneys of record, Peter Dubowsky, Esq. of the Dubowsky Law Office, Chtd., having filed a Complaint against Defendants HECTOR MONTENEGRO individually and dba EL TRANCAZO NIGHT CLUB, LLC aka EL TRANCAZO NIGHT CLUB (ECF 1) and alleging broadcast piracy under the of 1934, as amended, Title 47 U.S.C. 605 et seq., and The Cable & Television Consumer Protection and Competition Act of 1992, as amended, Title 47 U.S. Section 553, et seq. for pirating the "Floyd Mayweather Jr. vs. Marcos Maidana II” WBC World Lightweight Championship Fight Program, telecast nationwide on September 13, 2014; and 1 Plaintiff having submitted their Motion for Default Judgment (“Motion”) (ECF 15) 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 and (e)(3)Gi) and Kingvision Pay-Per-View, Ltd. v. Backman, 102 F.Supp.2d 1196 (N.D. Cal. 2000)) based on this willful violation, including but not limited to such factors as the Defendants $20.00 cover charge, and multiple screens (ECF 18), for a total award of $40,000 against Defendant HECTOR MONTENEGRO individually and dba EL 14 TRANCAZO NIGHT CLUB, LLC aka EL TRANCAZO NIGHT CLUB. *° | Dated: October 5, 2020

U.S. DISTRICT COURT JUDGE

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Peter Dubowsky, Esq. Nevada Bar No. 4972 300 South Fourth Street, Suite 1020 Las Vegas, Nevada 89101 Fax: 702-360-3515 Tel: 702-360-3500 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA J & J SPORTS PRODUCTIONS, INC. ) Case No.: 2:17-cv-02353-MMD-BNW ) Plaintiff, ) ) vs. ) ) HECTOR MONTENEGRO individually and ) PROPOSED DEFAULT JUDGMENT dba EL TRANCAZO NIGHT CLUB, LLC aka ) ) Defendant. ) ) Plaintiff, J & J Sports Productions, Inc. (hereinafter Plaintiff), by and through its attorneys of record, Peter Dubowsky, Esq. of the Dubowsky Law Office, Chtd., having filed a Complaint against Defendants HECTOR MONTENEGRO individually and dba EL TRANCAZO NIGHT CLUB, LLC aka EL TRANCAZO NIGHT CLUB (ECF 1) and alleging broadcast piracy under the of 1934, as amended, Title 47 U.S.C. 605 et seq., and The Cable & Television Consumer Protection and Competition Act of 1992, as amended, Title 47 U.S. Section 553, et seq. for pirating the "Floyd Mayweather Jr. vs. Marcos Maidana II” WBC World Lightweight Championship Fight Program, telecast nationwide on September 13, 2014; and 1 Plaintiff having submitted their Motion for Default Judgment (“Motion”) (ECF 15) 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 and (e)(3)Gi) and Kingvision Pay-Per-View, Ltd. v. Backman, 102 F.Supp.2d 1196 (N.D. Cal. 2000)) based on this willful violation, including but not limited to such factors as the Defendants $20.00 cover charge, and multiple screens (ECF 18), for a total award of $40,000 against Defendant HECTOR MONTENEGRO individually and dba EL 14 TRANCAZO NIGHT CLUB, LLC aka EL TRANCAZO NIGHT CLUB. *° | Dated: October 5, 2020

U.S. DISTRICT COURT JUDGE

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J & J Sports Productions, Inc. v. Montenegro, (D. Nev. 2020).

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