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16-234 - J & J Sports Productions Incorporated v. Patel et al


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16-234 - J & J Sports Productions Incorporated v. Patel et al
December 4, 2017
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court, grant Plaintiff's 28 Motion for Summary Judgment with regard to liability under 47 USC § 605, and award Plaintiff $9,000 in damages. Plaintiff's request for statutory and enhanced damages exceeding $9,000 should be denied. Plaintiff should also be permitted to file the appropriate papers to obtain an award of its costs and attorneys' fees once the pending Motion for Summary Judgment is resolved. Any party may serve and file written objections within 14 days after being served with a copy of this Report and Recommendation. A party may respond to another party's objections within 14 days after being served with a copy. No replies to objections shall be filed unless leave is granted from the District Court to do so. If objections are filed, parties should use the following case number: CV 16-00234-TUC-RM. Failure to file timely objections to any factual or legal determination of the Magistrate Judge may be deemed a waiver of the party's right to review. Signed by Magistrate Judge Bernardo P Velasco on 12/4/17.(BAC)
January 19, 2018
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ORDER ACCEPTING AND ADOPTING 32 REPORT AND RECOMMENDATION in full: IT IS ORDERED that Plaintiff's 33 Objection to Judge Velasco's Report and Recommendation is DENIED. Plaintiff's 28 Motion for Summary Judgment is GRANTED as to liability on Count 1 and PARTIALLY GRANTED as to damages, as follows: Summary judgment is GRANTED in favor of Plaintiff on Count 1 of Plaintiff's Complaint (Doc. 1 at 5-7), alleging a violation of 47 USC § 605. Count 2 of Plaintiff's Complaint (Doc. 1 at 7-8), alleging a violation of 47 USC § 553, is DISMISSED with prejudice. Plaintiff is awarded $6,000 in statutory damages under 47 USC § 605(e)(3)(C)(i)(II) and $3,000 in enhanced damages under 47 USC § 605(e)(3)(C)(ii), for a total award of $9,000. Clerk is directed to enter judgment accordingly and close this case. Plaintiff may file the appropriate papers, in accordance with Fed. R. Civ. P. 54(d) and LRCiv 54.1 and 54.2, to obtain an award of its costs and attorneys' fees. Signed by Judge Rosemary Marquez on 1/19/18.(BAC)
April 3, 2018
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ORDER granting in part and denying in part 41 Motion for Attorney Fees. Plaintiff's request for investigative costs is denied. Plaintiff is entitled to taxable costs. Plaintiff shall file and serve a Bill of Costs listing only taxable items within three (3) days of the date this Order is filed. The Clerk of Court is directed to tax costs in favor of Plaintiff. Plaintiff is awarded $2,859.50 in reasonable attorneys' fees. Signed by Judge Rosemary Marquez on 4/3/2018. (See attached Order for details) (KEP)