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Comcast Cable Communications LLC v. Wells

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


November 20, 2006

COMCAST CABLE COMMUNICATIONS LLC, PLAINTIFF,
v.
EVERETT WELLS, DEFENDANT.

The opinion of the court was delivered by: Mary L. Cooper United States District Judge

MEMORANDUM OPINION

THE PLAINTIFF MOVES under Federal Rule of Civil Procedure ("Rule") 55(b) for entry of judgment by default in this action to recover damages for, and to enjoin, the theft of cable televison programming. (Dkt. entry no. 5.) The plaintiff seeks an injunction under 47 U.S.C. §§ ("Sections") 553(a)(1) and (c)(2)(A), and damages in the amounts of: (1) $12,662.46, which includes (a) statutory damages of $10,000 under Section 553(c)(3)(A)(ii), and (b) $2,662.46 for an attorney's fee, costs, and disbursements; and, (2) $41.80 for prejudgment interest. The defendant fails to oppose the motion. The Court, under Rule 78, will decide the motion without oral hearing and on the papers.

DEFAULT WAS ENTERED against the defendant on September 12, 2006. (Unnumbered dkt. entry btwn. dkt. entry nos. 4 & 5.) The plaintiff properly supports entry of an injunction, as well as an award of $12,662.46, which includes: (a) statutory damages of $10,000, and (b) $2,662.46 for an attorney's fee, costs, and disbursements. (See dkt. entry no. 5, Riley Cert., McGinnis Cert., & Pl. Br. in Support.) The Court will grant the part of the motion seeking entry of judgment by default for an injunction and damages in the amount of $12,662.46.*fn1 The Court also will direct that the judgment is to bear interest at the judgment rate from the date of entry of judgment until it is paid.*fn2

BUT THE COURT, in its discretion, intends to deny the part of the motion seeking an award of $41.80 for prejudgment interest, as the plaintiff failed to demonstrate how this amount was calculated. In any event, an award of postjudgment interest will be sufficient. For good cause appearing, the Court will issue an appropriate order and judgment.


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