ROBERT J. BRYAN, United States District Judge.
THIS MATTER came before the Court on the plaintiff's motion for entry of default judgment against defendant Allen Haines in the sum certain amount of $10,000.00 as statutory damages and $850.00 as reasonable attorney's fees and casts.
A hearing for an Order of Default was held on plaintiff's motion on November 25, 2002. Plaintiff appeared through its attorney of record, Yarmouth Wilsdon Calfo,, PLLC by Spencer D. Freeman. No appearance was made by defendant Allen Haines in person or through an attorney.
The Court considered the pleadings and records filed in this action, including the affidavit of plaintiff's counsel in support of its motion, and the proof of service on file.
Based on the argument of counsel and the pleadings and evidence presented, the Court finds:
1. Defendant Allen Haines purchased and used illegally modified DIRECTV Access Cards and other devices ("Pirate Access Devices") that are designed to permit viewing of DIRECTV's television programming without authorization by or payment to DIRECTV.
2. Defendant Allen Haines purchased one Pirate Access Device from Canadian Security and Technology, located in Canada.
3. Defendant Allen Haines placed the order for a Pirate Access Device by using interstate or foreign wire facilities, and received his orders via the United States Postal Service or commercial mail carriers.
4. Defendant Allen Haines' s illegal purchase included an MK2 Unlooper
5. Plaintiff is entitled to the amount of $10,000.00 (1 x $10,000 per violation) as statutory damages and $850.00 as reasonable attorney's fees and costs, both sums certain pled for in plaintiff's complaint.
6. Defendant Allen Haines has been declared in default by the Court's order of November 25, 2002.
Based on the above findings, a Default Judgment is ORDERED and entered as follows:
Plaintiff DIRECTV, Inc. is awarded judgment against defendant Allen Haines in the amount of $10,000.00 as statutory damages plus $850.00 as reasonable attorney's fees and costs. Interest on the judgment in the amount of 12% per annum shall accrue from the date of entry of this order.