Joe Hand Promotions, Inc. v. Roseville Lodge No. 1293

161 F. Supp. 3d 910, 2016 U.S. Dist. LEXIS 16485, 2016 WL 524846
CourtDistrict Court, E.D. California
DecidedFebruary 10, 2016
DocketNo. 2:14-cv-00361-MCE-EFB
StatusPublished
Cited by8 cases

This text of 161 F. Supp. 3d 910 (Joe Hand Promotions, Inc. v. Roseville Lodge No. 1293) 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
Joe Hand Promotions, Inc. v. Roseville Lodge No. 1293, 161 F. Supp. 3d 910, 2016 U.S. Dist. LEXIS 16485, 2016 WL 524846 (E.D. Cal. 2016).

Opinion

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, JR., CHIEF JUDGE, UNITED STATES DISTRICT COURT

Plaintiff Joe Hand Promotions, Inc. (“Plaintiff’) asserts several causes of action against Defendant Roseville Lodge No. 1293, Loyal Order of Moose, Inc. (“Defendant”) based on an unlawful interception and broadcast of a television program to which Plaintiff had the exclusive com[913]*913mercial distribution rights. Pending before the Court are the parties’ respective motions for summary judgment. ECF Nos. 19, 20. For the reasons that follow, Defendant’s Motion for Summary Judgment (ECF No. 19) is DENIED, and Plaintiffs Motion for Summary Judgment (ECF No. 20) is GRANTED in part and DENIED in part.1

BACKGROUND2

Plaintiff had the exclusive nationwide distribution rights to “Ultimate Fighting Championship 157: Ronda Rousey v. Liz Carmouche,” which aired on Saturday, February 22, 2013 (“the Fight”). Plaintiffs rights to the Fight included non-residential establishments such as Defendant’s establishment and encompassed all undercard events as well as the main event.3 Without the authorization of Plaintiff, Defendant exhibited the Fight at its establishment in Roseville, California.

On the date of the Fight, Sherri Hokada visited Defendant’s establishment. Hokada, an investigator, observed that the Fight was broadcast on five of seven televisions and that there were between fifty-seven and sixty-four patrons present. Hokada estimated the capacity to be around two-hundred individuals. Based on that capacity, Plaintiff would have charged $1,600 to show the Fight in Defendant’s establishment. Hokada also observed a satellite dish on the roof of the building.

Defendant does not dispute that it (1) showed the Fight, (2) had satellite technology at its establishment, and (3) neither ordered the Fight nor paid Plaintiff a licensing fee for it. Def.’s Resp. to Pl.’s Statement of Undisputed Facts, ECF No. 23-1, at 1-2. However, Defendant contends that the maximum capacity of its establishment is “between 80-100,” a figure that, per Plaintiffs rate card, reduces the licensing fee that Plaintiff would have charged for the Fight to $950. Id. at 2.

Plaintiffs Complaint identifies the following causes of action: (1) violation of 47 U.S.C. § 605; (2) violation of 47 U.S.C. § 553; (3) conversion; and (4) violation of California Business and Professions Code § 17200. Plaintiff seeks summary judgment on the first, second, and third causes of action, and Defendant seeks summary judgment on all four causes of action.

STANDARD

The Federal Rules of Civil Procedure provide for summary judgment when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). One of the principal purposes of Rule 56 is to dispose of factually unsupported claims or defenses. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In a summary judgment motion, the moving party always bears the initial responsibility of informing the court of the basis for the motion and identifying the portions in the record “which it believes demonstrate the absence of a genuine issue of material fact.” Id. at 323, 106 S.Ct. 2548. If the moving party meets its initial responsibility, the burden then shifts to the opposing party to establish that a genuine issue as to any material fact actually [914]*914does exist. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

In attempting to establish the existence or non-existence of a genuine factual dispute, the party must support its assertion by “citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits!,] or declarations ... or other materials; or showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1). The opposing party must demonstrate that the fact in contention is material, i.e., a fact that might affect the outcome of the suit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The opposing party must also demonstrate that the dispute about a material fact “is ‘genuine,’ that is, [] the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. at 248, 106 S.Ct. 2505. In other words, the judge needs to answer the preliminary question before the evidence is left to the jury of “not whether there is literally no evidence, but whether there is any upon which a jury could properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.” Id. at 251, 106 S.Ct. 2505 (quoting Improvement Co. v. Munson, 81 U.S. (14 Wall.) 442, 448, 20 L.Ed. 867 (1871)) (emphasis in original). As the Supreme Court explained: “When the moving party has carried its burden under Rule [56(a) ], its opponent must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586, 106 S.Ct. 1348. Therefore, “[w]here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no ‘genuine issue for trial.’ ” Id. at 587, 106 S.Ct. 1348.

In resolving a summary judgment motion, the evidence of the opposing party 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. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. Nevertheless, inferences are not drawn out of the air, and it is the opposing party’s obligation to produce a factual predicate from which the inference may be drawn. Richards v. Nielsen Freight Lines, 602 F.Supp. 1224, 1244-45 (E.D.Cal.1985), aff'd, 810 F.2d 898 (9th Cir.1987).

ANALYSIS

Both Plaintiff and Defendant advance several arguments in the pending motions. The Court will examine each Motion in turn and address only the arguments that the Court finds dispositive.

A. Plaintiffs Motion for Summary Judgment

1. First Cause of Action: 47 U.S.C. § 605

a. Entitlement to Summary Judgment

As the moving party, Plaintiff bears the initial burden of informing the Court of the basis of its Motion and identifying the portions of the record that Plaintiff believes demonstrate the absence of a genuine issue of material fact.

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161 F. Supp. 3d 910, 2016 U.S. Dist. LEXIS 16485, 2016 WL 524846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joe-hand-promotions-inc-v-roseville-lodge-no-1293-caed-2016.