Backman

Kingvision Pay-Per-View, Ltd. v. Backman

Good Law
102 F. Supp. 2d 1196·2000 WL 897860·2000 U.S. Dist. LEXIS 9264
United States District Court, Northern District of CaliforniaJune 30, 2000C99-4105 TEHCalifornia2,173 words

Opinion

Opinion

Henderson, J.

ORDER GRANTING DEFAULT JUDGMENT

BACKGROUND

On September 3, 1999, Kingvision Pay-Per-View (“Plaintiff’) filed suit against Defendant Fred M. Marker (“Defendant”), individually and d/b/a Blue Bird Cocktails for the unlawful interception and broadcast of the Mike Tyson v. Bruce Seldon Championship Boxing Program (“the Program”) on September 7, 1996, for which Plaintiff had distribution rights. On October 26, 1999, Plaintiff filed its first amended complaint against the Defendant. Plaintiff alleges that Defendant violated 47 U.S.C. § 605 , 47 U.S.C. § 553 , 17 U.S.C. § 501 , and California Business and Professions Code § 17040 and § 17200. Plaintiff also alleges that Defendant is liable for conversion and breach of implied contract. Plaintiff seeks statutory damages under 47 U.S.C. § 605 and § 553, and compensatory damages for all other claims. Plaintiff also seeks attorney’s fees and costs as allowed under 47 U.S.C. § 605 and § 558.

Defendant was properly served with the amended complaint on December 8, 1999 and failed to respond within the time prescribed by the Federal Rules of Civil Procedure. Consequently, pursuant to F.R.C.P. 55(a), default was entered against Defendant on…

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