-GSA J & J Sports Productions, Inc. v. Paolilli et al, No. 1:2011cv00680 - Document 27 (E.D. Cal. 2012)
Court Description: ORDER ADOPTING 24 FINDINGS AND RECOMMENDATIONS IN FULL signed by District Judge Lawrence J. O'Neill on 1/9/2012. (Sant Agata, S)
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-GSA J & J Sports Productions, Inc. v. Paolilli et al Doc. 27 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 J & J SPORTS PRODUCTIONS, INC., 11 12 13 14 15 ) ) Plaintiff, ) ) v. ) ) ANTHONY PAOLILLI, et al., ) ) Defendants. ) _____________________________________ ) 1:11-cv-00680 LJO GSA ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL (Documents 12 and 24) 16 17 Plaintiff J & J Sports Productions, Inc., filed its complaint for violations of the federal 18 telecommunication statutes (47 U.S.C. §§ 553 & 605), a violation of California Business and 19 Professions Code section 17200, et seq., and conversion on March 9, 2011. (Doc. 1.) On August 20 17, 2011, the Clerk entered default against all defendants. (Docs. 9-11.) Thereafter, Plaintiff 21 moved for default judgment on August 31, 2011. (Doc. 12.) A hearing was held on October 21, 22 2011, before the Honorable Gary S. Austin. Plaintiff’s counsel Thomas P. Riley, Jr., appeared 23 via telephone. No appearance was made by or on behalf of Defendants. 24 The day before the scheduled hearing, a Notice of Bankruptcy was filed on behalf of 25 Defendant Giulia Paolilli. (Doc. 19.) The Court ordered that Plaintiff provide supplemental 26 briefing addressing how the Petition for Bankruptcy effected the Motion for Default Judgment. 27 28 1 Dockets.Justia.com 1 On December 14, 2011, the Magistrate Judge issued Findings and Recommendations that 2 Plaintiff’s application for default judgment be granted in part against all Defendants except for 3 Defendant Guilia Paolilli, and that judgment be entered against them in the amount of 4 $46,620.00. The Findings and Recommendations contained notice that any objections were to be 5 filed within fifteen (15) days of service of the recommendation. (Doc. 24.) No objections have 6 been filed to date. 7 In accordance with the provisions of Title 28 of the United States Code section 636 8 (b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the 9 entire file, the Court finds that the Findings and Recommendations are supported by the record 10 and proper analysis. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. 13 The Findings and Recommendations dated December 14, 2011, are ADOPTED IN FULL (Doc. 24.); 14 2. Plaintiff’s application for default judgment is GRANTED IN PART; 15 3. Judgment be entered in this action against Defendants Bonfiglios Inc., and 16 Anthony Paolilli individually and d/b/a B.B.’s Lounge and Oyster Bar & Grill 17 a/k/a Giulia Italian Restaurant. There is no reason to delay entry of judgment 18 against these Defendants given that default has been entered against all three 19 defendants including Ms. Poalilli; 20 4. 21 Damages in the total amount of $ 46,620.00 be awarded as follows: a. 22 $ 10,000.00; 23 b. 24 For the violation of 47 U.S.C. § 605 (e)(3)(C)(ii), the sum of $30,000.00; and 25 26 For the violation of 47 U.S.C. § 605(e)(3)(C)(i)(II), the sum of c. 5. For the conversion of Plaintiff’s property, the sum of $ 6,200.00; and Plaintiff shall file a status report no later than February 29, 2012 outlining the 27 28 2 1 status of the bankruptcy proceedings against the remaining Defendant Giulia 2 Paolilli, as well as its intentions regarding pursing default judgment against her. 3 4 5 6 7 IT IS SO ORDERED. 8 Dated: 66h44d January 9, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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