United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
JAMES T. MOODY, UNITED STATES DISTRICT COURT
April 27, 2017, plaintiff J & J Sports Productions, Inc.
(“J & J Sports”), filed suit against
defendants Maria Molson (also known as Maria T. Ross, doing
business as Porter's Tap, Inc., and doing business as
Porter's Tap Bar & Grill), individually, and MTM
Services Incorporated (doing business as Porter's Tap,
Inc., doing business as Porter's Tap Bar & Grill, and
doing business as Lloyd & Maria Enterprises, Inc.). (DE #
1.) The record indicates that defendants were served on May
4, 2017. (DE ## 6, 7.) By rule, defendants had 21 days after
service of the summons and complaint to file a responsive
pleading. See Fed. R. Civ. P. 12(a)(1)(A)(i). To
date, defendants have not filed any responsive pleading or
otherwise appeared in this case. At plaintiff's request,
the Clerk entered default on July 7, 2017. (DE # 13.)
J Sports filed this motion for default judgment on August 1,
2017 (DE # 14), to which defendants have not responded.
Plaintiff asserts that it is entitled to judgment on its
claims for violations of 47 U.S.C. §§ 553 and
(DE # 14 at 1.) Plaintiff seeks damages in the amount of $
10, 000 in statutory damages, $ 30, 000 in enhanced statutory
damages, $ 1, 111.50 in attorneys' fees and $ 430 costs.
(DE # 14-2 at 8.)
court may enter default judgment against a party against whom
affirmative relief is sought when it fails to plead or
otherwise defend. Fed.R.Civ.P. 55(b)(2). “The grant or
denial of a motion for the entry of a default judgment lies
within the sound discretion of the trial court . . . .”
Dundee Cement Co. v. Howard Pipe & Concrete Prods.
Inc., 722 F.2d 1319, 1322 (7th Cir. 1983). If the court
determines that the defendant is in default, all well-pleaded
allegations of the complaint, except those relating to the
amount of damages, will be taken as true. Id. at
on defendants' default, the court takes the allegations
in the complaint as true. The affidavits submitted with the
motion for default judgment further establish the veracity of
the allegations made in the complaint.
2, 2015, Floyd Mayweather, Jr., fought Manny Pacquiao in a
boxing match. (DE # 1 ¶ 16.) J & J Sports was
granted the exclusive nationwide commercial distribution
rights to the broadcast of this fight, referred to as
“The Fight of the Century: Floyd Mayweather, Jr. v.
Manny Pacquiao Championship Fight Program” (the
“Program”). (Id.) The
Program included all “under-card bouts”
and the fight commentary encompassed in the television
night of the fight, the Program was displayed at
Porter's Tap, at 6405 Kennedy Avenue in Hammond, Indiana.
(Id. ¶ 7, 11.) Specifically, Lucia Sanchez
(“Sanchez”), an auditor, visited Porter's Tap
and witnessed the Program on one television monitor
behind the bar. (DE # 14-3 at 1.) Porter's Tap did not
advertise its exhibition of the Program, and Sanchez
was told by a woman at the bar not to post anything on
Facebook which would indicate that Porter's Tap was
showing the fight. (Id. at 3.) There were 8 people
inside the establishment, and no cover charge was assessed.
(Id.) Porter's Tap is owned and operated by
defendant MTM Services Incorporated, of which defendant Maria
Molson is an officer. (Id. ¶ 7.)
sub-licensing agreements with J & J Sports, commercial
entities were able to acquire rights to publicly exhibit the
Program within their commercial establishments,
including bars and restaurants. (Id. ¶ 17.)
However, neither defendants, nor anyone else associated with
Porter's Tap, had a sub-licensing agreement with J &
J Sports. (Id. ¶ 11; DE # 14-4 ¶ 7.) Thus,
plaintiff alleges that defendants unlawfully intercepted,
received, published, divulged, displayed, and/or exhibited
the Program at its commercial establishment. (DE # 1
court has subject matter jurisdiction under 28 U.S.C. §
1331 because plaintiff brings this action pursuant to federal
statutes 47 U.S.C. §§ 553 and 605 of the Federal
Communications Act of 1934. Venue is proper under 28 U.S.C.
§ 1391(b)(2). Personal jurisdiction is ...