United States District Court, E.D. Wisconsin
DECISION AND ORDER FOLLOWING COURT TRIAL
E. JONES United States Magistrate Judge.
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)).
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,
Findings of Fact
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.
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.
& J Sports had sublicensing agreements with various
commercial establishments throughout North America allowing
them to publicly exhibit the Broadcast to their patrons.
three Wisconsin establishments purchased the Broadcast: a
Buffalo Wild Wings in Brookfield, a Buffalo Wild Wings in
Wauwatosa, and a sports bar in Madison.
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,
Horacio M. Sanchez owned and operated the Bar on October 12,
2013. See Renewal Alcohol Beverage License
Application, Exhibit 4.
October 12, 2013, the Bar was managed by Felipe Arias.
Arias had ordered the Broadcast through Dish Network, which
charged the residential rate. See Residential
Customer Agreement, Exhibit 5; Dish Network box, Exhibit 7.
Sanchez paid the Dish Network bill.
There were twelve people inside the Bar at the time of the