J & J Sports Productions, Inc. v. Pombo

984 F. Supp. 2d 1042, 2013 WL 5754941, 2013 U.S. Dist. LEXIS 152490
CourtDistrict Court, E.D. California
DecidedOctober 23, 2013
DocketCase No. 1:11-CV-1879 AWI GSA
StatusPublished
Cited by1 cases

This text of 984 F. Supp. 2d 1042 (J & J Sports Productions, Inc. v. Pombo) 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
J & J Sports Productions, Inc. v. Pombo, 984 F. Supp. 2d 1042, 2013 WL 5754941, 2013 U.S. Dist. LEXIS 152490 (E.D. Cal. 2013).

Opinion

ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ANTHONY W. ISHII, Senior District Judge.

This is a case involving the unauthorized broadcast of a pay-per-view boxing match. Plaintiff J & J Sports Productions (“J & J”) has brought suit against Defendants Susan and Tony Pombo (“Pombos”) and seeks damages under 47 U.S.C. § 605(e)(3)(C)(i)(II) and § 605(e)(3)(C)(ii) and state law conversion. J & J now moves for summary judgment on the issues of liability and damages. The Pombos have filed a notice of non-opposition as to liability, but oppose the amount of damages to be awarded. For the reasons that follow, J & J’s motion will be granted.

BACKGROUND

On November 13, 2010, J & J was granted the exclusive commercial distribution rights to a nationwide telecast of a boxing match that was billed a “Tactical Warfare: Manny Pacquiao v. Antonio Margarito” (hereinafter “the Bout”). See PUMF l.1

The Pombos are the owners and operators of a commercial establishment known as “Extreme Pizza” located in Fresno, California. See PUMF 2. On November 13, 2010, the Pombos invited family and friends to their home in order to watch the Bout. See Pombo Dec. ¶ 4.2 The Pombos ordered the Bout through their home satellite provider, DirecTV. See id. at ¶ 5. The Pombos’ guests totaled between 25 and 30 people. See id. Because of the large number of guests, the Pombos decided to go to their restaurant, Extreme Piz[1044]*1044za, and watch the Bout in a semi-private room. See id.

The semi-private room at Extreme Pizza was wired for DirecTV, although cable and satellite programming was not being shown at the time. See id. The Pombos took the DirecTV box from their home and attached the box to the cables at Extreme Pizza. See id. at ¶ 6. The box picked up the Bout, and the Pombos and their guests were able to see the Bout in the semiprivate room in the back of Extreme Pizza. See id.

Extreme Pizza was open for business as the Pombos and their family watched the Bout, but at no times were customers allowed into the semi-private room. See id. at ¶ 7. Because of the placement of the television, it is not possible to see the television in the semi-private room from other parts of the restaurant unless one actually walks into the semi-private room. See id. Nobody was allowed in the room because it was being referred to as a “Private Party.” See id. The Pombos did not charge their family to watch the Bout, the Pombos did not invite any customers to watch the Bout, and although they provided food for their guests, the Pombos did not charge for the food. See id. at ¶ 9. There were no postings or advertisements that the Bout would be shown at Extreme Pizza. See id. at ¶ 10. The Pombos only told their friends and family that the Bout would be shown at their home, and it was only a last minute decision to watch the Bout at Extreme Pizza. See id. at ¶ 10. After the festivities ended, the Pombos took their DirecTV box back to their home and reattached it to their satellite. See id. J & J did not authorize the Pombos to broadcast the Bout at Extreme Pizza. See PUMF 4. The Pombos never purchased a commercial license from J & J that would have permitted them to exhibit the Bout. See id.

The Pombos did not know what a licensing fee was or who J & J was, rather, all they knew was that they had ordered a pay-per-view fight for a fee and watched the fight with family. See id. at ¶ ll.3 The Pombos did not show the Bout at Extreme Pizza for financial gain for a nefarious purpose. See id. at ¶ 13. Extreme Pizza grossed just over $800 on November 13, 2010. See id. The Pombos did not know that their actions may have been unlawful, and their actions were simply a mistake based on lack of knowledge and misinformation. See id. at ¶ 14.

The J & J investigators who came to Extreme Pizza informed the restaurant employees that they were investigating an armed robbery, that they walked around the restaurant and behind counters in order to enter the semi-private room, and once they entered the semi-private room were immediately asked to leave. See id. at ¶ 8.

SUMMARY JUDGMENT FRAMEWORK

Summary judgment is appropriate when it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56; Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Fortyune v. American Multi-Cinema, [1045]*1045Inc., 364 F.3d 1075, 1080 (9th Cir.2004). The party seeking summary judgment bears the initial burden of informing the court of the basis for its motion and of identifying the portions of the declarations (if any), pleadings, and discovery that demonstrate an absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir.2007). A fact is “material” if it might affect the outcome of the suit under the governing law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); United States v. Kapp, 564 F.3d 1103, 1114 (9th Cir.2009). A dispute is “genuine” as to a material fact if there is sufficient evidence for a reasonable jury to return a verdict for the non-moving party. Anderson, 477 U.S. at 248, 106 S.Ct. 2505; FreecycleSunnyvale v. Freecycle Network, 626 F.3d 509, 514 (9th Cir.2010). The opposing party’s evidence is to be believed, and all reasonable inferences that may be drawn from the facts placed before the court must be drawn in favor of the opposing party. See Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Stegall v. Citadel Broad., Co., 350 F.3d 1061, 1065 (9th Cir.2003).

DEFENDANTS’ MOTION

Plaintiffs Arguments

J & J argues that there is no dispute that the Pombos are liable under 47 U.S.C. § 605. There was a DirecTV satellite dish at Extreme Pizza, and the Pombos utilized their residential satellite technology to receive the Bout.

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Bluebook (online)
984 F. Supp. 2d 1042, 2013 WL 5754941, 2013 U.S. Dist. LEXIS 152490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-j-sports-productions-inc-v-pombo-caed-2013.