Free Motion for Default Judgment - District Court of Connecticut - Connecticut

ase 3:03-cv—00918-JBA Document 14 Filed 11/19/2004 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT (Bridgeport)
DIRECTV, INC., ) Case No.: 3:03-cv-00918-JBA
Plaintifi l PLAINTIFF'S Morton ron
) DEFAULT JUDGMENT
)
vs. g
Thomas Neznek g
` Defendant )
Plaintiff hereby moves this Court for a Judgment by Default in the above-entitled actio
against the Defendant. The Plaintiff also requests that this Court assess non-Liquidated Damage
after considering the Plaintiffs filings made herewith. The Plaintiff contends that because th
Plaintiff is seeking only the statutory minimum the Court should be able to assess statutor
damages in this action based upon the facts as determined through the Defendants default all i
accordance with Fed. R. Civ. P. 55(b)(2).
A ln support of this Motion, Plaintiff submits:
1. That a Default was entered against the Defendant on October 19, 2004.
2. That the Defendant has still failed to reply or otherwise defend the claims set fort
in Plaintiffs complaint;
3. That the Defendant is not an infant or incompetent;
4. That the Defendant is not in the military service; and,
5. That the Plaintiff is entitled to damages and other civil remedies as set forth belo
because damages are liquidated in this case as they are based on a minim
statutory award. The Plaintiff is entitled to the minimum statutory damage awar
of:
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ase 3:03-cv—00918-JBA Document 14 Filed 11/19/2004 Page 2 of 4
a. $10,000.00 for the Defendant’s unauthorized interception of th
Plaintiffs electronic communications in violation of 18 U.S.C. § 2511
as provided for in 18 U.S.C. § 2520;
b. $10,000.00 for each of the four (4) devices distributed in violation o
of 47 U.S.C. § 605(e)(4): or in the alternative
c. $10,000.00 for at least four (4) access cards that were modified o
assembled in violation of 47 U.S.C. § 605(e)(4).
For a total minimum statutory damage award of $50,000.00 due to Defendant’s conduct a
alleged in DIRECTV’s Complaint.
In further support of this Motion, please see:
1. Memorandum of Law in Support of Plaintiffs Motion for Default Judgment.
2. Affidavit of Attorney John 1\/I. McLaughlin.
3. Proposed Order of Default.
WHEREFORE Plaintiff respectfiilly requests that this Court enter Default Judgment in
favor of the Plaintiff and against the Defendant for the reasons set forth above (and as furthr
articulated in it’s Memorandum of Law in Support of Plaintiffs Motion for Default Judgment),
DIRECTV respectfully requests that this Court award to DIRECTV:
(1) Full statutory damages in the amount of $50,000.00;
(2) Full costs in the amount of $213.30;
(3) Atton1eys’ fees in the amount of $755.00;
(4) Permanently enjoin Defendant from committing or assisting in the commission of any
violation of47 U.S.C. § 605 or 18 U.S.C. § 2511; and
(5) Grant DIRECTV such other and further relief as this court deems equitable, just and
proper.
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ase 3:03-ov—00918-JBA Document 14 Filed 11/19/2004 Page 3 of 4
Respeo fully Submitted for the Plaintiff,
DIRE VI, Inc.
By Its a n ey E _
{ ff /1`“ { / {
, O u ii r 1
a Jo ` . M Lau in ( T16988)
Gro ¤ Miles Lipton & Fitz-Gibbon
77 P E. sant Street
_ P.O. Box 210
Northampton, MA 01061
· (413) 586-0865
Local Address Pursuant to
D. Conn. L. Civ. R. 2(c):
_ Palumbo, Palumbo & Carrington, P.C.
193 Grand Street
P.O. Box 25 1 8
Waterbury, CT 06732-2518
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ase 3:03-cv—00918-JBA Document 14 Filed 11/19/2004 Page 4 of 4
CERTIFICATE OF SERVICE f //
I, John M. McLaughlin, attorney for the Plaintiff, hereby certify that on gf y /
served a copy of the foregoing Motion for Default Judgment, Memorandum of 1221%, Plfopoée
Judgment and Affidavit of John M. McLaughlin were sent via first class mail, postage preipai
to:
Thomas Neznek
6 Park St #11
Enfield, CT 06082
i 1}/1ct.7a°ugh11i»[email protected]»—·
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