1 

WAYNE D. LONSTEIN, ESQ. 

Attorney for Plaintiff 

LONSTEIN LAW OFFICE, P.C 

80 North Main Street, P.O. Box 351 

Ellenville, New York 12428 

Tel: (845) 647-8500 

Fax: (845) 647-6277 

Email: Legal@signallaw.com 

UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF OREGON 

PORTLAND DIVISION 

---------------------------------------------------- 

DIRECTV, LLC, a California limited 

liability company, 

 

Plaintiff, 

v. Civil Action No. 

KIMANH HOANG and LONG TRUONG, 

Individually and d/b/a BLUEFIN SUSHI 

BAR & FINE JAPANESE 

RESTAURANT, a/k/a BLUEFIN SUSHI 

BAR, 

Defendants. 

---------------------------------------------------- 

 

PLAINTIFF’S ORIGINAL COMPLAINT

1. Plaintiff, DIRECTV, sues KIMANH HOANG and LONG TRUONG, 

Individually and d/b/a BLUEFIN SUSHI BAR & FINE JAPANESE RESTAURANT, a/k/a 

BLUEFIN SUSHI BAR, (referred to hereinafter as ADefendants@), and states as follows: 

I. JURISDICTION

2. This lawsuit is brought pursuant to the Cable Communications Policy Act of 

1984, 47 U.S.C. ' 521, et seq. (The AAct@), as an action for declaratory and injunctive relief and 

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damages for the improper receipt, transmission, and exhibition of satellite programming signals 

in violation of the Act. This Court has jurisdiction of the subject matter to this action under 28 

U.S.C. '1331. Pursuant to which the United States District Courts have original jurisdiction of 

all civil actions arising under the Constitution, laws or treaties of the United States. 

3. This Court has personal jurisdiction over the parties in this action. Defendants to 

this action had or have an agent or agents who had or have independently transacted business in 

the State of Oregon and certain activities of Defendants giving rise to this action took place in 

the State of Oregon; more particularly, Defendants’ acts of violating federal laws and the 

proprietary rights of DIRECTV, LLC, as distributor of the satellite programming transmission 

signals which took place within the State of Oregon. Moreover, upon information and belief, 

Defendants have their principal place of business within the State of Oregon; thus, this Court has 

personal jurisdiction over Defendants. 

II. VENUE

4. Venue is proper in this judicial district under 28 U.S.C. '1391(b) because, inter 

alia, all Defendants reside in Clackamas County, which is within the Portland Division of the 

District of Oregon [28 U.S.C.' 117]. 

 

III. PARTIES

5. Plaintiff, DIRECTV, LLC (referred to hereinafter as ADIRECTV@), is at all times 

relevant hereto a limited liability company under the laws of the State of California. DIRECTV 

is a major distributor of satellite programming doing business throughout the United States. 

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Through its operations, DIRECTV provides interstate direct broadcast satellite programming to 

subscribers with specialized satellite receiving equipment who pay for programming via a 

subscription fee and obtain a programming license from DIRECTV in return for a subscription. 

The obvious result of a user subscription is that users can then watch programs on their 

televisions and/or listen to certain high quality audio programs communicated electronically by 

DIRECTV via satellite (referred to hereinafter as the ASatellite Programming@). DIRECTV holds 

proprietary rights to the Satellite Programming it transmits and DIRECTV is the owner of and/or 

a lawfully designated distribution agent for such Satellite Programming. 

6. Upon information and belief, Defendants, KIMANH HOANG and LONG 

TRUONG, are principals of BLUEFIN SUSHI BAR & FINE JAPANESE RESTAURANT, 

a/k/a BLUEFIN SUSHI BAR, for two separate premises located at 12450 SE 82nd Avenue, 

Happy Valley, OR 97086 and 4138 NE Broadway Street, Portland, OR 97232. 

7. Upon information and belief, Defendant, KIMANH HOANG, resides at 13143 SE 

Normandy Drive, Clackamas, OR 97015. 

8. Upon information and belief, Defendant, LONG TRUONG, resides at 13895 SE 

133rd Avenue, Clackamas, OR 97015. 

9. Upon information and belief, BLUEFIN SUSHI BAR & FINE JAPANESE 

RESTAURANT, a/k/a BLUEFIN SUSHI BAR, is the premises name for two separate 

commercial establishments located at 12450 SE 82nd Avenue, Happy Valley, OR 97086 and

4138 NE Broadway Street, Portland, OR 97232. 

10. Upon information and belief, Defendants, KIMANH HOANG and LONG 

TRUONG, were the individuals with supervisory capacity and control over the activities 

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occurring within both of the above-identified establishments known as BLUEFIN SUSHI BAR 

& FINE JAPANESE RESTAURANT, a/k/a BLUEFIN SUSHI BAR on April 5, 2012. 

11. Upon information and belief, Defendants, KIMANH HOANG and LONG 

TRUONG, received a financial benefit from the operations of both commercial establishments 

known as BLUEFIN SUSHI BAR & FINE JAPANESE RESTAURANT, a/k/a BLUEFIN 

SUSHI BAR on April 5, 2012. 

12. Upon information and belief, Defendants, KIMANH HOANG and LONG 

TRUONG, were the individuals with close control over the internal operating procedures and 

employment practices at both commercial establishments known as BLUEFIN SUSHI BAR & 

FINE JAPANESE RESTAURANT, a/k/a BLUEFIN SUSHI BAR on April 5, 2012. 

13. Upon information and belief, BLUEFIN SUSHI BAR & FINE JAPANESE 

RESTAURANT, a/k/a BLUEFIN SUSHI BAR, located and doing business at 12450 SE 82nd 

Avenue, Happy Valley, OR 97086 and 4138 NE Broadway Street, Portland, OR 97232, operate 

as commercial establishments. 

IV. FACTS

14. DIRECTV incorporates and realleges by reference allegations within paragraphs 

1 through 13 of this complaint as if fully set forth herein. 

15. By way of further allegation, DIRECTV alleges that to prevent unauthorized 

entities and persons from viewing its Satellite Programming, DIRECTV encrypts the satellite 

transmissions. Upon payment of the appropriate subscription or license fees, DIRECTV 

authorizes and enables the subscriber to unscramble and receive the Satellite Programming. 

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 16. DIRECTV provides services to homes based on residential rates and to 

commercial establishments under commercial rates. Because equipment used with DIRECTV 

services can be moved from residential locations to commercial establishments without 

DIRECTV=s knowledge, owners of commercial establishments wishing to use DIRECTV’s 

programming for their own commercial gain, at the lower residential rates can surreptitiously 

gain access to DIRECTV programming without proper authorization by subscribing to 

DIRECTV services under a residential account and then installing/moving the equipment to their 

businesses and utilizing those services in a commercial environment. 

 17. On or about April 5, 2012, Defendants did not have commercial accounts with 

DIRECTV authorized for public use at the establishments known as BLUEFIN SUSHI BAR & 

FINE JAPANESE RESTAURANT, a/k/a BLUEFIN SUSHI BAR, located at 12450 SE 82nd 

Avenue, Happy Valley, OR 97086 and 4138 NE Broadway Street, Portland, OR 97232. 

18. On or about April 5, 2012, Defendants, without obtaining valid commercial 

exhibition rights, willfully received and displayed DIRECTV Satellite Programming to the 

public and for commercial benefit or financial gain, at their commercial establishments, 

BLUEFIN SUSHI BAR & FINE JAPANESE RESTAURANT, a/k/a BLUEFIN SUSHI BAR, 

located at 12450 SE 82nd Avenue, Happy Valley, OR 97086 and 4138 NE Broadway Street, 

Portland, OR 97232. Such Satellite Programming was displayed without authorization from 

DIRECTV to exhibit in those locations. 

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19. Defendants, without entitlement, without prior permission or authorization from 

DIRECTV, and without having paid DIRECTV for the right to receive, broadcast, use or display 

DIRECTV=s Satellite Programming in the commercial establishments known as BLUEFIN 

SUSHI BAR & FINE JAPANESE RESTAURANT, a/k/a BLUEFIN SUSHI BAR, located at 

12450 SE 82nd Avenue, Happy Valley, OR 97086 and 4138 NE Broadway Street, Portland, OR 

97232 have received, assisted in receiving, transmitted, assisted in transmitting, divulged, 

published and displayed the content and substance of DIRECTV Satellite Programming at such 

Defendants’ places of business, BLUEFIN SUSHI BAR & FINE JAPANESE RESTAURANT, 

a/k/a BLUEFIN SUSHI BAR. Without authorization, Defendants displayed and/or published 

such Satellite Programming to their customers and others. Defendants’ conduct violates several 

federal statutes, including 18 U.S.C. ''2511 and 2512, and 47 U.S.C. '605, and laws of the State 

of Oregon. Moreover, Defendants’ acts were unauthorized, willful, and for purposes of direct or 

indirect commercial advantage or private financial gain. 

20. DIRECTV has been damaged by Defendants in that (a) DIRECTV has been 

denied subscription fees for commercial use of its Satellite Programming; (b) DIRECTV=s sales 

revenues have been reduced through Defendants’ unfair competition; and (c) DIRECTV=s 

proprietary rights in the Satellite Programming have been impaired. In addition, Defendants 

profited and gained commercial advantage from the unauthorized and willful use of DIRECTV=s 

Satellite Programming. 

21. DIRECTV has been required to retain attorneys to prevent Defendants’ wrongful 

acts and to prosecute this action. Due to Defendants’ statutory violations, DIRECTV is entitled 

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to recover the reasonable attorney’s fees and expenses incurred in prosecution of this action 

under federal law. 

V. CAUSES OF ACTION

Count 1 - Damages for Violations of Cable Communications Policy Act

[47 U.S.C. §605(e)(3(C)] 

22. DIRECTV realleges the allegations contained in the foregoing paragraphs of this 

Complaint and incorporates such allegations as if fully set forth herein. 

23. DIRECTV alleges on information and belief, that Defendants effected 

unauthorized interception and receipt of Satellite Programming by ordering programming for 

residential use and subsequently displaying the programming in the commercial establishments 

for commercial gain without authorization, or by such other means which are unknown to 

DIRECTV and known only to Defendants. 

24. Each of the Defendants’ acts violates federal law. Defendants, illegally and 

without authorization, intercepted, received and exhibited, or otherwise assisted in the 

unauthorized interception, reception or exhibition of Satellite Programming transmitted by 

DIRECTV. Moreover, Defendants divulged or published the existence, contents, substance, 

purport, effect or meaning of such satellite communications. Further, Defendants used such 

communications for their own benefit or for the benefit of others who were not entitled to such 

communications. Each of these acts is a practice prohibited by 47 U.S.C. '605(a). 

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25. DIRECTV is a person aggrieved by Defendants’ violations of 47 U.S.C. '605 and 

is authorized to institute this action against Defendants pursuant to 47 U.S.C. '605(e)(3)(A). 

26. Defendants’ violations of 47 U.S.C. '605 have injured DIRECTV=s ability to 

maximize the revenues which it seeks to derive from the Satellite Programming, as DIRECTV 

has been deprived of the benefit of subscribers to the Satellite Programming. As a further result 

of such violations, DIRECTV=s goodwill and reputation have been usurped by Defendants while 

Defendants gained and will continue to gain unjust profits and undeserved goodwill. DIRECTV 

is entitled to costs, reasonable attorney=s fees, actual damages suffered and profits obtained by 

Defendants attributable to their illegal conduct. 

27. Alternatively, DIRECTV is entitled to statutory damages in an amount not less 

than $1,000 nor more than $10,000 for each violation of 47 U.S.C. '605(a). 

28. DIRECTV will further show that Defendants’ conduct in violation of 47 U.S.C. 

'605(a) was committed willfully and for purposes of direct or indirect commercial advantage or 

private financial gain. 

29. Due to Defendants’ willful conduct, DIRECTV is entitled to statutory damages in 

an amount not less than $10,000 and up to $100,000 for each willful violation of 47 U.S.C. 

'605(a). 

Count 2 - Damages for Violations of 18 U.S.C. §2511

30. DIRECTV realleges the allegations contained in the foregoing paragraphs of this 

Complaint and incorporates such allegations as if fully set forth herein. 

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31. For a further cause of action, DIRECTV alleges that Defendants intentionally 

intercepted, endeavored to intercept, or procured other persons to intercept electronic 

communications from DIRECTV. Defendants further disclosed or endeavored to disclose to 

others the contents of electronic communications, knowing or having a reason to know that the 

information was obtained through the interception of electronic communications in violation of 

18 U.S.C. '2511. Defendants further intentionally used or endeavored to use the contents of 

electronic communications, knowing or having reason to know that the information was obtained 

through the interception of electronic communications in violation of 18 U.S.C. '2511. 

32. DIRECTV is a person whose electronic communications are being intercepted, 

disclosed and/or intentionally used in violation of 18 U.S.C. '2511. 

 33. Due to Defendants’ wrongful conduct, DIRECTV is entitled, under 18 U.S.C. 

'2520, to the greater of the sum of (1) actual damages suffered by DIRECTV and the profits 

made by the Defendants as a result of their conduct, or (2) statutory damages in an amount the 

greater of $10,000 or $100 per day for each day Defendants acted in violation of 18 U.S.C. 

'2511. 

Count 3 - Civil Conversion

34. DIRECTV realleges the allegations contained in the foregoing paragraphs of this 

Complaint and incorporates such allegations as if fully set forth herein. 

35. By virtue of the conduct set forth above, Defendants have unlawfully converted 

DIRECTV=s property for their own commercial use and benefit. 

Case 3:13-cv-00712-BR Document 1 Filed 04/29/13 Page 9 of 12
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36. Such conversion was done intentionally and wrongfully by Defendants to deprive 

DIRECTV of its proprietary interests, and for Defendants’ direct commercial benefit and 

advantage. 

37. Due to Defendants’ wrongful conversion of DIRECTV Satellite Programming, 

DIRECTV suffered damages. 

VI. REQUEST FOR INJUNCTIVE RELIEF

38. DIRECTV realleges the allegations contained in the foregoing paragraphs of this 

Complaint and incorporates such allegations as if fully set forth herein. 

39. DIRECTV further alleges that unless restrained by this Court, Defendants will 

continue to receive, intercept, transmit, and exhibit its Satellite Programming, illegally and 

without authorization, in violation of 47 U.S.C. '605. 

40. The violations of 47 U.S.C. '605 set forth above have caused and will continue to 

cause DIRECTV irreparable harm. 

41. DIRECTV cannot practicably determine the loss of subscribers and lost revenues 

resulting from Defendants’ unlawful conduct. In addition to diminishing DIRECTV=s revenues, 

Defendants’ unlawful conduct injures DIRECTV=s reputation and goodwill as well as its ability 

to attract and finance the future acquisition, production, and distribution of quality programming, 

thereby impairing DIRECTV=s ability to enhance its future growth and profitability. 

42. DIRECTV has no adequate remedy at law to redress the violations set forth 

above. 

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VII. PRAYER

WHEREFORE, Plaintiff, DIRECTV, LLC, prays that this Court enter judgment in its 

favor and against Defendants, and: 

a. Declare that Defendants’ unauthorized interception, reception, and public 

commercial exhibition of DIRECTV=s electronic communications, or its 

assistance in the performance of such unauthorized actions, were in violation of 

18 U.S.C. '2511 and 47 U.S.C. '605, and that such violations were committed 

willfully and for purposes of direct or indirect commercial advantage and private 

financial gain; 

b. In accordance with 18 U.S.C. '2520(b)(1) and 47 U.S.C. '605(e)(3)(B)(I), enjoin 

Defendants, and Defendants’ establishments, its owners, officers, agents, servants, 

employees and attorneys, and all persons in active concert or participation with 

any of them from (i) interfering with DIRECTV=s proprietary rights; (ii) 

intercepting, receiving, divulging, or displaying DIRECTV=s Satellite 

Programming without prior written consent of DIRECTV; and (iii) further 

violations; 

c. Award DIRECTV statutory damages in the amount of the greater of $10,000 or 

$100 per day for each day Defendants violated 18 U.S.C. '2511 or, alternatively, 

DIRECTV requests judgment for actual damages, plus damages equal to any 

profits attributable to the Defendants’ violations of 18 U.S.C. '2511; 

d. Award DIRECTV statutory damages in the amount of $10,000 for each violation 

of 47 U.S.C. '605, plus an additional $100,000 for each violation pursuant to 47 

U.S.C. '605(e)(3)(C)(ii); alternatively, DIRECTV requests judgment for actual 

damages, plus damages equal to any profits attributable to the Defendants’ 

violations of 47 U.S.C. '605; 

e. That the Court award punitive damages; and 

f. That this Court award DIRECTV its costs, including reasonable attorney=s fees, 

prejudgment interest and post-judgment interest, and such other relief to which 

DIRECTV may be entitled. 

Dated: April 25, 2013 

 Ellenville, New York 

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 Respectfully submitted, 

 DIRECTV, LLC 

 

 By: /s/Wayne D. Lonstein

 WAYNE D. LONSTEIN, ESQ. 

 Attorney for Plaintiff 

 LONSTEIN LAW OFFICE, P.C. 

 80 North Main Street : P.O. Box 351 

 Ellenville, NY 12428 

 Telephone: (845) 647-8500 

 Facsimile: (845) 647-6277 

 Email: Legal@signallaw.com 

 Our File Nos. ES12-04OR-01A & ES12-04OR-03A 

 

/s/Michael A. Cox

 MICHAEL A. COX, ESQ. 

 Oregon State Bar ID Number 93507 

 Law Office of Michael A. Cox 

 7420 S.W. Bridgeport Road, Ste. 101 

 Tigard, OR 97224 

 Telephone: (503)443-2100 

 Facsimile: (503)328-7996 

 Email: mcox@mcoxlegal.com 

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