Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

J & J Sports Productions, Inc. v. Molson

United States District Court, N.D. Indiana, Hammond Division

January 9, 2018

J & J SPORTS PRODUCTIONS, INC., Plaintiff,
v.
MARIA MOLSON a/k/a MARIA T. ROSS, individually and d/b/a PORTER'S TAP, INC. d/b/a PORTER'S TAP BAR & GRILL; and MTM SERVICES INCORPORATED d/b/a PORTER'S TAP, INC. d/b/a PORTER'S TAP BAR & GRILL d/b/a LLOYD & MARIA ENTERPRISES, INC., Defendant.

          OPINION AND ORDER

          JUDGE JAMES T. MOODY, UNITED STATES DISTRICT COURT

         I. BACKGROUND

         On 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 & 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 605.[1] (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.)

         II. LEGAL STANDARD

         The 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 1323.

         III. FACTS

         Based 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.

         On May 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 broadcast. (Id.)

         On the 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.)

         Through 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 ¶ 19.)

         IV.LEGAL CONCLUSIONS

         A. Jurisdiction

         The 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.