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Directv, Inc. v. Steward

September 12, 2006

DIRECTV, INC. PLAINTIFF
v.
RICKEY STEWARD AND CASSIE JOHNSON DEFENDANT



DEFAULT JUDGMENT AS TO CASSIE JOHNSON

On May 23, 2003, plaintiff filed this action seeking damages and injunctive relief against defendants for the assembly, distribution, possession and use of illegitimate devices primarily designed to gain unauthorized access to its satellite communications signals in violation of 47 U.S.C. § 605 (the "Communications Act") and 18 U.S.C. § 2511 (the "Surreptitious Interception Act") and state law. Defendant Cassie Johnson ("Johnson") was served with the complaint and summons on September 9, 2003. Johnson failed to answer or otherwise respond to the complaint.

The Court granted plaintiff's motion for default on October 13, 2004, and stated that a hearing to determine damages would be scheduled by separate order. Plaintiff has provided an affidavit in support of the damages sought by plaintiff and the Court finds that a hearing is unnecessary.

Plaintiff asks that it be awarded statutory damages in the amount of $10,000.00, plus costs in the amount of $120.50 and attorney's fees in the amount of $250.00. It further asks that Johnson be permanently enjoined from committing or assisting in the commission of any violation of 47 U.S.C. § 605 or 18 U.S.C. § 2511. The Court finds and concludes that plaintiff is entitled to such relief.

IT IS THEREFORE CONSIDERED AND ORDERED that Judgment be entered in favor of plaintiff and against Johnson for statutory damages in the amount of $10,000.00, its costs in the amount of $120.50, and attorney's fees in the amount of $250.00, for a total of $10,370.50 together with post-judgment interest.

Defendant, Cassie Johnson, is hereby permanently enjoined from committing any violation of 47 U.S.C. § 605 or 18 U.S.C. § 2511 or aiding or assisting others in such commissions.

IT IS FURTHER ORDERED that the complaint be, and it is hereby dismissed, in its entirety.

20060912

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