2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 J & J SPORTS PRODUCTIONS, INC., Case No. 2:17-cv-00677-MMD-VCF 7 Plaintiff, ORDER v. 8 GISELA BAUTISTA, 9 Defendant. 10 11 Plaintiff J & J Sports Productions, Inc. seeks default judgment pursuant to Federal 12 Rule of Civil Procedure 55 against Defendant Gisela Bautista d/b/a Casa Mexico 13 Restaurant a/k/a Casa de Mexico (“Motion”). (ECF No. 12) In its Complaint, Plaintiff 14 alleges violations of the Communications Act of 1934, as amended

et 15 seq. and the Cable & Television Consumer Protection and Competition Act of 1992, as 16 amended,

et seq. (ECF No. 1.) The Court will grant the Motion.1 17 The Court finds that default judgment is proper because Plaintiff has satisfied the 18 procedural requirements for default judgment pursuant to Fed. R. Civ. P. 55(b). The Clerk 19 of Court properly entered a default against Defendant pursuant to Fed. R. Civ. P. 55(a) 20 because Defendant has failed to appear after having been properly served. (ECF Nos. 6, 21 8, 9.) Plaintiff has also satisfied the factors for obtaining default judgment articulated in 22 Eitel v. McCool,

, 1471–72 (9th Cir. 1986). Accordingly, the Court grants 23 Plaintiff’s Motion. 24 The Court will also grant Plaintiff statutory and enhanced damages as requested in 25 the sum of $40,000. (ECF No. 12 at 12–16.) Plaintiff seeks these damages under only § 26 /// 27 1The Court ordered supplemental briefing on the issue of whether the statute of 28 limitations for bringing this action had expired (ECF No. 13). Plaintiff’s filing (ECF No. 14) has established that its claims are timely. 1 || 605 (id.) and the Court finds such damages are appropriate pursuant to § 2 || 605(e)(3)(C)(i)(II) and § 605(e)(3)(C)(i). See

(e)(3)(C)(i)(II) (“T]he party 3 || aggrieved may recover an award of statutory damages for each violation of subsection (a) 4 || involved in the action in a sum of not less than $1,000 or more than $10,000. . ..”); 47 5 || U.S.C. § 605(e)(3)(C)(ii) (“In any case in which the court finds that the violation was 6 || committed willfully and for purposes of direct or indirect commercial advantage or private 7 || financial gain, the court in its discretion may increase the award of damages, whether 8 || actual or statutory, by an amount of not more than $100,000 for each violation of 9 || subsection (a).”); see also e.g., J & J Sports Prods., Inc. v. Brazilian Paradise, LLC, 789 10 || F. Supp. 2d 669, 676-77 (D. S.C. 2011) (recognizing that an “award of modest damages 11 || does not satisfy the purpose of [§ 605]”); Joe Hand Promotions, Inc. v. Sorondo,

|| 4048786, *3 (E.D. Cal. Sept. 9, 2011) (“By default, Defendants admitted to willfully 13 || violating Section 605 for the purposes of commercial advantage.”); Joe Hand Promotions, 14 || Inc. v. Gamino,

, *4 (E.D. Cal. Jan. 10, 2011) (“[T]he amount of damages 15 || awarded should be in an amount that is adequate to deter these Defendants and others 16 || from committing similar acts in the future.”). 17 It is therefore ordered that default judgment be entered against Defendant and in 18 || favor of Plaintiff J & J Sports Productions, Inc. as follows: (a) $10,000 for Defendant’s 19 || violation of § 605(e)(3)(C)(i)(II) and (b) $30,000 for Defendant’s violation of § 20 || 605(e)(3)(C)(ii). 21 It is further ordered that, as requested (ECF No. 12 at 16), Plaintiff may submit its 22 || request for costs and reasonable attorneys’ fees within 14 days of the entry of this order. 23 DATED THIS 30" day of October 2019. LGD 25 Lo — MIRANDA M. DU 26 CHIEF UNITED STATES DISTRICT JUDGE 27 28