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Directv, Inc v. Kimberly S. Cibulka

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 29, 2011

DIRECTV, INC.,
PLAINTIFF
v.
KIMBERLY S. CIBULKA, INDIVIDUALLY, AND AS OFFICER, DIRECTOR, SHAREHOLDER, AND/OR PRINCIPAL OF RYAN'S ROOM INC., D/B/A SUDSY'S SPORTS BAR & GRILL, A/K/A SUDSY'S AND RYAN'S ROOM INC., D/B/A/ SUDSY'S SPORTS BAR & GRILL A/K/A SUDSY'S DEFENDANTS

The opinion of the court was delivered by: (Judge Conner)

ORDER & JUDGMENT

AND NOW, this 29th day of July, 2011, upon consideration of the motion (Doc. 10) for default judgment, filed by DIRECTV, Inc., ("DIRECTV"), against defendants Kimberly S. Cibulka ("Cibulka"), Individually, and as officer, director and/or principal of Sudsy's Sports Bar & Grill ("Sudsy's"), and Ryan's Room Inc.,*fn1 and upon further consideration of the affidavits attached thereto, and it appearing that the summons and complaint were served on a person of suitable age and discretion at Cibulka's dwelling on February 22, 2011, (see Doc. 4), but that, as of the date of this order, Cibulka has not filed a response, see FED. R. CIV. P. 12 (stating that "[a] defendant must serve an answer . . . within 21 days after being served with the summons and complaint"), or entered an appearance in the above-captioned case, and it further appearing that default was entered in the above-captioned case on May 27, 2011 (Doc. 9), and the court finding that entry of default judgment is appropriate, and the court concluding that Cibulka may be held individually liable for violations of Federal Communications Act, Title 47 of the United States Code, Section 605, by Sudsy's for the broadcast of week three of "NFL Sunday Ticket" at the Sudsy's establishment without payment of the requisite licensing fees to DIRECTV,*fn2 and the court finding that a statutory damages award of $2,500 for the violation of § 605 is appropriate,*fn3 see 47 U.S.C. § 605(e)(3)(C)(i)(II) (stating that "the party aggrieved may recover an award of statutory damages for each violation of subsection (a) of this section involved in the action in a sum of not less than $1,000 or more than $10,000"), and the court concluding that enhanced damages are appropriate,*fn4 see 47 U.S.C. § 605(e)(3)(C)(ii) (stating that where "the court finds that the violation was committed willfully and for purposes of direct or indirect commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than $100,000 for each violation"), and the court further concluding that the requested attorneys' fees and costs are reasonable,*fn5 it is hereby ORDERED that:

1. The motion (Doc. 10) for default judgment is GRANTED.

2. DEFAULT JUDGMENT is entered in favor of DIRECTV and against defendant Kimberly S. Cibulka, Individually, and as officer, director, shareholder, and/or principal of Ryan's Room Inc., d/b/a/ Sudsy's Sports Bar & Grill, a/k/a Sudsy's, in the amount of $12,225.00 plus interest, consisting of:

a. Statutory damages in the amount of $2,500.00, plus interest, pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II).

b. Enhanced damages in the amount of $7,500.00, plus interest, pursuant to 47 U.S.C. § 605(e)(3)(C)(ii).

c. Attorneys fees in the amount of $2,225.00, plus interest, pursuant to 47 U.S.C. § 605(e)(3)(B)(ii).

3. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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