United States District Court, D. South Carolina, Columbia Division
ORDER FOR JUDGMENT BY DEFAULT
L. WOOTEN, CHIEF JUDGE UNITED STATES DISTRICT COURT.
matter comes before the Court on Plaintiff J&J Sports
Productions, Inc.'s Motion for Default Judgment against
Defendant Stacey Cornelius a/k/a Stacey Griffin, pursuant to
Federal Rule of Civil Procedure 55. ECF No. 11.
had exclusive, nationwide commercial television distribution
rights to Manny Paquiao v. Timothy Bradley II, WBO
Welterweight Championship Fight Program (the Program).
Plaintiff sued Defendant for unlawfully intercepting and
intentionally exhibiting the Program at the Defendant's
establishment, “Bananas, ” located at 1723 Decker
Blvd., Columbia, South Carolina 29206, without paying the
required licensing fee. Plaintiff's Complaint includes
causes of action under 47 U.S.C. § 605 (the
Communications Act) and 47 U.S.C. § 553 (the Cable &
Television Consumer Protection and Competition Act), as well
as a state law claim for conversion. Although Defendant was
properly served with the Complaint, she has not appeared in
the case. Pursuant to Plaintiff's request, the Clerk of
Court entered default against Defendant on May 2, 2017. ECF
No. 8. Plaintiff now moves for a default judgment and
Defendant has not responded. ECF No. 11.
filed a Complaint against Defendants on May 31, 2017. ECF No.
1. This action seeks an award of statutory damages, enhanced
damages, attorneys' fees and costs, as well as
compensatory and punitive damages based on the unlicensed
broadcast of the Program.
Jurisdiction and Venue
Court has subject matter jurisdiction over Plaintiff's
claims pursuant to 28 U.S.C. §§ 1331 and 1367. The
court has personal jurisdiction over Defendant, and venue in
this District is proper pursuant to 28 U.S.C. § 1391
because Defendant is a South Carolina residents or is, or
was, doing business in this District, and because the alleged
wrongful acts occurred in this District.
Process and Service
April 5, 2017, Plaintiff's private process server served
Stacey Cornelius a/k/a Stacey Griffin.
Grounds for Entry of Default
did not timely file an answer or other pleading, as reflected
by Affidavit of Default and Affidavit of Plaintiff's
Counsel in Support of Request for Entry of Default. The Clerk
of Court properly entered default of Defendant Stacey
Cornelius a/k/a Stacey Griffin on May 2, 2017.
Motion for Default Judgment
12, 2017, Plaintiff filed a Notice of Motion and Motion for
Default Judgment, a copy of which was also served upon
Defendant by mail on said date.
Findings of Fact
reviewed Plaintiff's Complaint, Answers to Local Rule
26.01 Interrogatories, Request for Entry of Default, Motion
for Default Judgment, as well as all supporting and
supplemental information provided, the Court accepts
Plaintiff's well-pled factual allegations as true and
makes the following factual findings. See DIRECTV, Inc.
v. Rawlins, 523 F.3d 318, 322 n.1 (4th Cir. 2009)
(accepting plaintiff's allegations against defaulting
defendant as true, noting a defaulting defendant
“admits the plaintiff's well-pleaded allegations of
fact, is concluded on those facts by the judgment, and is
barred from contesting on appeal the facts thus
established.”) (quoting Ryan v. Homecomings Fin.
Network, 253 F.3D 778, 780 (4th Cir. 2001)).
to this litigation, Plaintiff paid for, and was granted, the
exclusive nationwide commercial television distribution
rights to the Program. Plaintiff contracted with and granted
certain businesses the rights to exhibit publicly the Program
to its customers within their commercial establishments.
Plaintiff expended substantial money in marketing,
advertising, administering and transmitting the Program to
alleged by Plaintiff in its Complaint, Defendant was present
during the broadcast and committed, directly or indirectly,
the misconduct, had dominion, control, oversight and
management authority over the establishment known as Bananas,
and had an obvious and direct financial interest in the