DirecTV, LLC v. Mackey et al, No. 5:2013cv01619 - Document 32 (N.D. Cal. 2013)

Court Description: FINAL JUDGMENT. Signed by Judge Ronald M. Whyte on 12/13/13. (rmwlc1, COURT STAFF) (Filed on 12/13/2013)

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DirecTV, LLC v. Mackey et al Doc. 32 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 SAN JOSE DIVISION 11 DIRECTV, LLC, Case No. C-13-01619-RMW 12 Plaintiff, 13 FINAL JUDGMENT v. 14 AIDAN MACKEY et al., 15 Defendants. 16 17 18 19 On November 13, 2013, the court adopted the Report and Recommendation of the magistrate 20 judge, entered default judgment, but deferred awarding damages until the court could hold an 21 evidentiary hearing. Dkt. No. 29. On December 13, 2013, the court held an evidentiary hearing to 22 determine damages. 23 The court may award statutory damages up to $10,000 for the violation of 47 U.S.C. 24 § 605(a). 47 U.S.C. § 605(e)(3)(C). In addition, 47 U.S.C. § 605(e)(3)(B)(iii) states that the court 25 “shall direct the recovery of full costs, including awarding reasonable attorneys’ fees to an 26 aggrieved party who prevails.” The court finds an award to plaintiff DirecTV of $7,500 in statutory 27 damages under 47 U.S.C. § 605(e)(3)(C) and $5,341 in attorneys’ fees and costs. The court declines 28 to award enhanced damages for willfulness under 47 U.S.C. § 605(e)(3)(C)(ii). FINAL JUDGMENT Case No. C-13-01619-RMW RDS -1- Dockets.Justia.com 1 Therefore, the court orders that DirecTV is entitled to recover a total of $12,841 from 2 defendants Gerard Francis Kehoe and Elizabeth Josephine Kehoe, jointly and severally, in their 3 individual capacities and as principals of Katie Bloom's Inc. II, a/k/a Katie Bloom's Irish Pub a/k/a 4 Katie Blooms. 5 6 7 Dated: December 13, 2013 _________________________________ RONALD M. WHYTE United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT Case No. C-13-01619-RMW RDS -2-

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