Garden City Boxing Club, Inc. v. Victor Aranda

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GARDEN CITY BOXING CLUB, INC.,
Plaintiff - Appellee,
v.
VICTOR ARANDA,
Defendant - Appellant,
and
EL CHAMIZAL RESTAURANT, et al.,
Defendants.
No. 09-16341
D.C. No. 2:07-CV-01563-RLH-
GWF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, Chief District Judge, Presiding
Submitted May 25, 2010**
FILED
JUN 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-16341 2
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Victor Aranda appeals pro se from the district court’s order denying his
motion to set aside a $35,000 default judgment for intercepting and broadcasting a
boxing match at his Las Vegas restaurant in violation of applicable federal statutes.
We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion,
Am. Ass’n of Naturopathic Physicians v. Hayhurst, 227 F.3d 1104, 1109 (9th Cir.
2000), and we affirm.
The district court did not abuse its discretion in denying the motion to set
aside the default judgment because, contrary to Aranda’s contention, the court was
not required to conduct an evidentiary hearing to ascertain damages. See Fed. R.
Civ. P. 55(b)(2)(B) (the court “may” conduct hearings when, to enter or effectuate
default judgment, it needs to determine the amount of damages). The record shows
that no such hearing was necessary because plaintiff submitted lost profits and
other evidence from the illegal broadcast to allow the district court to calculate
damages within the applicable statutory limits. See 47 U.S.C. §§ 553(c)(3)(B),
605(e)(3)(c)(iii).
AFFIRMED.

-- 2 of 2 --