Free Default Judgment - District Court of Delaware - Delaware

Case 1:04-cv-00962-Gl\/IS Document 16 Filed 04/26/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DIRECTV, INC. )
)
Plaintiff )
)
v. ) Civil Action No. 04-962 GMS
I
DONALD HALL )
)
Defendant. _)
ORDER
WHEREAS on December 16, 2004, the court ordered an entry of default against defendant
Donald Hall (D.I. 9), pursuant to Fed. R. Civ. P. 55(a);
WHEREAS on February 25, 2005, the court held a default hearing to assess damages, which
Hall failed to attend;
WHEREAS on March 7, 2005, at the request of the coun, plaintiff DirecTV, Inc.
(“DirecTV") submitted a damages letter, in which it proposes an award of $20,000.00 in statutory
damages and $850.00 in attorneys’ fees and costs (D.I. I5);
WHEREAS the complaint alleges that Hall purchased two Pirate Access Devices and, by
using them, "intentionally intercepted, endeavored to intercept, or procured other persons to intercept
or endeavor to intercept, DIRECTV’s satellite transmission oftelevision programming, in violation
of 18 U.S.C. § 251 l(1)(a)," (D.I. 151111 7, 20);
WHEREAS, due to Hall’s failure to file a responsive pleading in this matter, averments in
the complaint (except those as to the amount of damage) are admitted, Fed. R. Civ. P. 8(d);
WHEREAS Congress has authorized statutory damages for such interception or intentional
use of satellite transmissions in the amount of$l0,000 for each violation of§ 251 1(l)(a), see 18
U.S.C. § 2520(c)(2) (2000);
WHEREAS Congress has also authorized the award of "a reasonable attorney’s fee and other
litigation costs reasonably incurred," § 2520(b)(3);
WHEREAS after considering the case law submitted by DirecTV (D.I. 15 Exs. A—E), and the
affidavit of Timothy E. Lengkeek describing the nature and extent of attorneys’ fees and costs
incurred by DirecTV (id. Ex. F), the court will award damages to DirecTV in the amount of '
$20,850.00; and I
WHEREAS the damage award of $20,850.00 reflects a statutorily-authorized award of I

Case 1:04-cv-00962-Gl\/IS Document 16 Filed 04/26/2005 Page 2 of 2
$10,000.00 for each (2) Pirate Access Device used by Hall, as well as attorneys’ fees and costs in
excess of $850.00 incurred by DirecTV.
IT IS HEREBY ORDERED THAT:
Pursuant to Fed. R. Civ. P. 55(b)(2),judgment by default in the amount ot`$20,850.00 be
ENTERED in this matter against defendant Donald Hall.
1 I /
Dated: April 1 5 ,2005 _4| 4, [ WW MQ
UNI E ST TES I ```M ' TJUDGE
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