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J & J Sports Productions Inc. v. Sanchez

United States District Court, E.D. Wisconsin

March 27, 2019

J & J SPORTS PRODUCTIONS, INC., Plaintiff,
v.
HORACIO M. SANCHEZ, individually doing business as El Rodeo Bar, Defendant.

          DECISION AND ORDER FOLLOWING COURT TRIAL

          DAVID E. JONES United States Magistrate Judge.

         On October 12, 2016, J & J Sports Productions, Inc., filed a complaint alleging that Horacio M. Sanchez knowingly and willfully violated 47 U.S.C. §§ 605 and 553 by unlawfully intercepting and exhibiting a pay-per-view boxing match at El Rodeo Bar on October 12, 2013. See Complaint, ECF No. 1. The matter was randomly assigned to this Court, and the parties consented to magistrate judge jurisdiction. See Consent to Proceed Before a Magistrate Judge, ECF Nos. 3, 13 (citing 28 U.S.C. § 636 and Fed.R.Civ.P. 73(b)).

         Mr. Sanchez has conceded that he is liable under § 605. See Minute Sheet of Final Pretrial Conference, ECF No. 24. On April 23, 2018, a court trial was held on damages. See Hearing Minutes of Court Trial, ECF No. 28. The Court did not require post-trial submissions, but J & J Sports has filed one. See Plaintiff's Post-Trial Brief, ECF No. 30. J & J Sports also has submitted its fee petitions. See Affidavit of Peter S. Balistreri, ECF No. 31; Declaration of Thomas P. Riley, ECF No. 32. In light of all the materials presented, the Court will grant judgment in favor of J & J Sports in the amount of $7, 274.29.

         I. Findings of Fact

          1. On October 12, 2013, Timothy Bradley defended his World Welterweight Championship against Juan Manuel Marquez at the Thomas & Mack Center in Las Vegas, Nevada. See Affidavit of Lisa Steinbacher, Exhibit 1.

         2. The promotor of the fight, Top Rank, Inc., granted J & J Sports Productions, Inc., the right to distribute the fight, including undercard bouts and the entire television broadcast, via closed circuit television and encrypted satellite signal. See Closed Circuit Television License Agreement, Exhibit 6.

         3. J & J Sports had sublicensing agreements with various commercial establishments throughout North America allowing them to publicly exhibit the Broadcast to their patrons.

         4. Only three Wisconsin establishments purchased the Broadcast: a Buffalo Wild Wings in Brookfield, a Buffalo Wild Wings in Wauwatosa, and a sports bar in Madison.

         5. The Broadcast was shown on one television located behind the bar at El Rodeo Bar, 1586 South Pearl Street, Milwaukee, Wisconsin 53204. See Photographs of El Rodeo Bar, Exhibit 2.

         6. Horacio M. Sanchez owned and operated the Bar on October 12, 2013. See Renewal Alcohol Beverage License Application, Exhibit 4.

         7. On October 12, 2013, the Bar was managed by Felipe Arias.

         8. Mr. Arias had ordered the Broadcast through Dish Network, which charged the residential rate. See Residential Customer Agreement, Exhibit 5; Dish Network box, Exhibit 7.

         9. Mr. Sanchez paid the Dish Network bill.

         10. There were twelve people inside the Bar at the time of the Broadcast, ...


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