G & G Closed Circuit Events, LLC v. Batista
- Alvin Hellerstein
- 1:21-cv-07352
- U.S. District Court · Southern District of New York
- 3
In G & G Closed Circuit Events v. Batista, Judge Hellerstein entered default judgment for $10,000 plus costs and interest, while denying fees and prejudgment interest.
G & G Closed Circuit Events, LLC obtained a default judgment against Delvis Batista and Hudson Heights Bar & Grill Corp., doing business as Bar 180, for $10,000 in damages, $836.20 in costs, and post-judgment interest. The defendants were jointly and severally liable for the damages and costs; the requests for attorneys’ fees and prejudgment interest were denied.
What happened
G & G Closed Circuit Events, LLC sued Delvis Batista and Hudson Heights Bar & Grill Corp. over an alleged unlawful broadcast of a boxing match. The defendants did not appear or respond, and the clerk entered default against them.
A magistrate judge recommended granting in part and denying in part the request for default judgment. The recommendation awarded $2,625 in statutory damages, $7,875 in enhanced damages, $836.20 in costs, and post-judgment interest, with liability shared by Batista and Bar 180. It recommended denying attorneys’ fees and prejudgment interest.
No one objected, and Judge Hellerstein found no clear error before adopting the recommendation. He entered the listed awards, denied the requests for attorneys’ fees and prejudgment interest, directed the clerk to enter judgment, and closed the case.
The detailed version
- G & G Closed Circuit Events, LLC v. Batista · No. 1:21-cv-07352
- Alvin Hellerstein
- May 18, 2022
Background
G & G Closed Circuit Events, LLC brought claims under Sections 553 and 605 of the Federal Communications Act of 1934, alleging that Delvis Batista, individually and doing business as Bar 180, and Hudson Heights Bar & Grill Corp., doing business as Bar 180, unlawfully broadcast a boxing match for which the plaintiff held exclusive nationwide commercial distribution rights. Although the complaint invoked both statutory sections, the plaintiff sought damages only under Section 605, so the magistrate judge considered liability under that section.
The defendants did not appear, answer, or otherwise respond. The clerk entered default against Batista and Hudson Heights Bar & Grill Corp. The plaintiff then moved under Federal Rule of Civil Procedure 55 for default judgment, requesting statutory and enhanced damages, attorneys’ fees, costs, and interest.
Report and Recommendation
The matter was referred to Magistrate Judge Stewart D. Aaron. After the defendants failed to respond to the motion or to an order setting a response deadline, Judge Aaron recommended that the motion for default judgment be granted in part and denied in part. He recommended $2,625 in statutory damages under Section 605, $7,875 in enhanced damages, $836.20 in costs, and post-judgment interest under 28 U.S.C. § 1961(a). He recommended that the damages and costs be imposed against Batista and Bar 180 jointly and severally, meaning each could be held responsible for the full amount.
Judge Aaron recommended denying attorneys’ fees because the plaintiff did not provide contemporaneous records or proof of compensable in-person appearances. He also recommended denying prejudgment interest because the recommended damages were intended to make the plaintiff whole.
District Court’s Ruling
No party objected to the recommendation. Judge Hellerstein therefore reviewed it for clear error, found none, and adopted it. The court awarded $10,000 in damages, consisting of $2,625 in statutory damages and $7,875 in enhanced damages, plus $836.20 in costs and post-judgment interest at the rate specified by 28 U.S.C. § 1961(a). The court denied the plaintiff’s requests for attorneys’ fees and prejudgment interest, directed the clerk to enter judgment, and closed the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.