Ernst v. Dish Network, LLC et al
Plaintiff: Scott Ernst
Defendant: Dish Network, LLC, Dish Network Service, LLC and Sterling Infosystems, Inc.
Case Number: 1:2012cv08794
Filed: December 4, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Victor Marrero
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. ยง 1681 Fair Credit Reporting Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
January 28, 2016 Opinion or Order Filing 252 ORDER denying 215 Motion to Certify Class; granting 243 Letter Motion to Stay. WHEREAS, on September 14, 2015, Plaintiffs moved for class certification, seeking to certify three classes of contractor technicians in their claims under the Fai r Credit Reporting Act, 15 U.S.C. § 1681, et seq. ("FCRA"). WHEREAS, on December 4, 2015, Defendants DISH Network L.L.C. and DISH Network Service L.L.C. (collectively, "Defendants" or "DISH") filed a motion for a stay, requesting the Court to reserve ruling on Plaintiffs' motion for class certification until after the Supreme Court issues a decision in Spokeo, Inc. v. Robins, No. 13-1339 (2015). It is hereby ORDERED that Defendants' motion for a stay is GRANTED. It is further ORDERED that Plaintiffs' motion for class certification is DENIED without prejudice to renewal. It is further ORDERED that, within fourteen days of the Supreme Court's decision in Spokeo, the parties shall file a joint letter not to exceed three pages summarizing the decision's holding and its impact on this case. The joint letter shall include a proposed briefing schedule for any renewed motion for class certification. The Clerk of Court is directed to close the motions at Docket Nos. 215 and 243. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 1/28/2016) (mro)
September 22, 2014 Opinion or Order Filing 104 ORDER & OPINION re: 72 MOTION for Summary Judgment filed by Dish Network Service, LLC, Dish Network, LLC, 76 MOTION for Summary Judgment filed by Scott Ernst. For the reasons discussed above, the Summary Report is a "consumer report" for purposes of the FCRA. Accordingly, Plaintiff's motion for summary judgment is GRANTED, and Dish's motion for summary judgment is DENIED. The Clerk is directed to close the motions at docket numbers 72 and 76. The parties shall appear for a status conference on October 3, 2014, at 11:10 a.m., when they shall inform the Court how they intend to proceed. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/22/2014) (ama)
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Plaintiff: Scott Ernst
Represented By: Eleanor Michelle Drake
Represented By: Michele Renee Fisher
Represented By: Adam W. Hansen
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Defendant: Dish Network, LLC
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Defendant: Dish Network Service, LLC
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Defendant: Sterling Infosystems, Inc.
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