United States District Court, D. Colorado
RECOMMENDATION OF UNITED STATES MAGISTRATE
MICHAEL E. HEGARTY, UNITED STATES MAGISTRATE JUDGE.
requests a default judgment against Defendants Cyclone Zone,
LLC and Jeremy Carter. I find that this Court has subject
matter jurisdiction to determine this dispute and personal
jurisdiction over Defendants. Furthermore, Plaintiff's
unchallenged facts assert valid claims against Defendants. As
a result of these violations, I conclude that Plaintiff is
entitled to statutory damages of $10, 000.00 and enhanced
damages of $50, 000.00. Accordingly, pursuant to Federal Rule
of Civil Procedure 55(b)(2), I recommend that the Honorable
Raymond P. Moore grant Plaintiff's Motion for Default
Findings of Fact
Plaintiff is a company that specializes in distributing and
licensing premier sporting events to commercial
establishments. Compl. ¶ 4, ECF No. 1.
promoters of the Floyd Mayweather, Jr. v. Conor McGregor
boxing match gave Plaintiff the exclusive right to
commercially distribute the presentation of the event on
August 26, 2017. Id. ¶¶ 5-6.
Plaintiff charged businesses a fee equal to $30.00 per person
legally permitted in the establishment. Id. ¶
10; Aff. of Joe Hand ¶ 7, ECF No. 15-2.
Prior to the event, Defendant Cyclone Zone, LLC d/b/a Pueblo
West Family Fun Center (“PWFFC”) advertised on
its Facebook page that it would broadcast the match.
Additionally, PWFFC posted pictures immediately prior to the
event showing its 362” projection screen. ECF No. 15-6.
Defendant Jeremy Carter-an officer and principal of
PWFFC-advertised on his personal Facebook page that PWFFC
planned to air the match. Id.
Defendants proceeded to show the event at PWFFC without
paying Plaintiff a commercial licensing fee. Compl.
¶¶ 14, 19. Because the PWFFC had a capacity of 1,
000 people, its fee would have been $30, 000.00. Aff. of Joe
Hand ¶ 8; ECF No. 15-6, at 19.
Defendants were able to obtain the event without paying
Plaintiff through “(1) intercepting and redirecting
cable or satellite service from a nearby residence, (2)
registering their business location as a residence, (3)
physically moving a cable or satellite receiver from a
residence to their business, and/or (4) obtaining the [boxing
match] in violation of the terms of their television service
provider agreement.” Compl. ¶ 12.
PWFFC charged entrants $10.00 on the night of the match. ECF
No. 15-6, at 7, 16.
on the preceding facts, Plaintiff filed its Complaint on May
9, 2018. Compl., ECF No. 1. Plaintiff asserts claims for (1)
satellite and cable piracy in violation of 47 U.S.C.
§§ 553, 605 and (2) copyright infringement.
Id. ¶¶ 18-25. Plaintiff served Defendants
with the Complaint on May 19, 2018, making the answer
deadline June 11, 2018. See ECF Nos. 7, 7-1. After
Defendants failed to respond, Plaintiff moved for entry of