Maraan v. Dish Network LLC

Maraan v. Dish Network LLC

Plaintiff:	Benjamin Maraan
Defendant:	Dish Network LLC
Case Number:	1:2013cv00436
Filed:	June 21, 2013
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	HAMILTON
Presiding Judge:	Stephanie K. Bowman
Presiding Judge:	S Arthur Spiegel
Nature of Suit:	Other Statutory Actions
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	Both

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Date Filed	Document Text
November 19, 2014	Filing 46 OPINION AND ORDER granting in part and denying in part 34 Defendant's Motion for Summary Judgment. That portion of Defendant's Motion for Summary Judgment arguing that Plaintiff lacks both constitutional and statutory standing to bring t his action against it for violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b)(1)(A)(iii), as amended, is DENIED. That portion that argues that DISH Network is entitled to judgment as a matter of law as to all but five incomi ng calls to the cellular telephone number (513) 448-7023 numberspecifically calls made on 07/01/2012, 08/07/2012, 08/19/2012, 12/05/2012 and 05/07/2013is GRANTED. Finally, that portion that argues that DISH Network did not make the aforementioned fi ve calls "willfully and knowingly" is GRANTED as to the calls made on 07/01/2012 and 08/07/2012 but DENIED as to the remaining three. This matter is set for a status conference on 12/2/2014 at 2:00 p.m., during which both Plaintiff and a r epresentative from Defendant are instructed to either be present or immediately available by telephone. Defendant's representative must be invested with authority to settle this matter on his or her own without additional consultation with any other company representative. Signed by Judge S Arthur Spiegel on 11/18/2014. (km1)

Date Filed

Document Text

November 19, 2014

Filing 46 OPINION AND ORDER granting in part and denying in part 34 Defendant's Motion for Summary Judgment. That portion of Defendant's Motion for Summary Judgment arguing that Plaintiff lacks both constitutional and statutory standing to bring t his action against it for violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b)(1)(A)(iii), as amended, is DENIED. That portion that argues that DISH Network is entitled to judgment as a matter of law as to all but five incomi ng calls to the cellular telephone number (513) 448-7023 numberspecifically calls made on 07/01/2012, 08/07/2012, 08/19/2012, 12/05/2012 and 05/07/2013is GRANTED. Finally, that portion that argues that DISH Network did not make the aforementioned fi ve calls "willfully and knowingly" is GRANTED as to the calls made on 07/01/2012 and 08/07/2012 but DENIED as to the remaining three. This matter is set for a status conference on 12/2/2014 at 2:00 p.m., during which both Plaintiff and a r epresentative from Defendant are instructed to either be present or immediately available by telephone. Defendant's representative must be invested with authority to settle this matter on his or her own without additional consultation with any other company representative. Signed by Judge S Arthur Spiegel on 11/18/2014. (km1)

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Plaintiff: Benjamin Maraan
Represented By:	Mitchell L Burgess
Represented By:	Charles T. Lester, Jr.
Represented By:	Ralph K Phalen
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Defendant: Dish Network LLC
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