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

Case 3:03-cv-00936-JCH Document 10 Filed 07/22/2004 Page 1 of 4
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UNITED srnrns Drsrurcr COUEEWEW
_ DISTRICT OF CONNECTICUT ,
DIRECTV, INC., ) Case N0.: .fCl`-T qt I Li
riainrirr, i non
Plaintiff, g DEFAULT JUDGMENT
vs. )
l 1
Sean Richardson g N
I Defendant )
Plaintiff hereby moves this Court for a Judgment by Default in the above-entitled actio i
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 statutoiy 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).
In support of this Motion, Plaintiff submits:
1. That a Default was entered against the Defendant on Jtme 23, 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 of $30,000 minimum due to Defendant’s conduct as alleged i
DIRECTV’s Complaint.
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ase 3:03-cv-00936-JCH Document 10 Filed 07/22/2004 Page 2 of 4
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In further support of this Motion, please see:
1. Memorandum of Law in Support of Plaintiffs Motion for Default Judgment. Q
2. Affidavit of Attorney John M. McLaughlin.
3. Proposed Order of Default. R
WHEREFORE Plaintiff respectfully requests that this Court enter Default Judgment in
favor of the Plaintiff and against the Defendant for the reasons set forth above (and as further i
articulated in it’s Memorandum of Law in Support of Plaintiffs Motion for Default Judgment),
DIRECTV respectfully requests that this CoLu·t award to DIRECTV:
(1) Full statutory damages in the amount of $30,000.00;
(2) Full costs in the amount of $268,27; K
(3) Attorneys’ fees in the amount of $786.50;
(4) Permanently enjoin Defendant from committing or assisting in the commission of any Q
violation of47 U.S.C. § 605 or 18 U.S.C. § 2511; and
(5) Grant DJRECTV such other and further relief as this court deems equitable, just and
proper.
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I ase 3:03-cv-00936-JCH Document 10 Filed 07/22/2004 Page 3 of 4
I Respectfully Submitted for the Plaintiff,
_ C. I
By Its rney I
¢T - r/if I
7.2 B J I
Di J . Mc gh1in(BBO: 55 28)
` CLAUGHLIN SACKS, LLC
31 Trumbull Road
Northampton, MA 01060 . I
(413) 586-0865 -
Local Address Pursuant to
D. Conn. L. Civ. R. 2(c):
Palumbo, Palumbo & Carrington, P.C. :
193 Grand Street I
P.O. Box 25 1 8 I
Waterbury, CT 06732-2518
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I ase 3:03-cv-00936-JCH Document 10 Filed 07/22/2004 Page 4 of 4
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_ CERTIFICATE OF SERVICE Q
I I, John M. McLaughlin, attorney for the Plaintiff] hereby certify that on & I
p served a copy of the foregoing Motion for Default Judgment, Memorandum I aw, rop se I
I Judgment and Affidavit of John M. McLaughlin were sent via first class mail, postage pre—— ai I
to:
Sean Richardson
225 Pequot Ave I
New London, CT 06320 I
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. aughlin
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