United States of America et al v. Dish Network LLC

Plaintiff: United States of America, State of California, State of Illinois, State of North Carolina and State of Ohio
Defendant: Dish Network LLC
Case Number: 3:2009cv03073
Filed: March 25, 2009
Court: US District Court for the Central District of Illinois
Office: Other Statutory Actions Office
County: XX US, Outside State
Referring Judge: Byron G. Cudmore
Presiding Judge: Jeanne E. Scott
Nature of Suit: None
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: 15:0045 Federal Trade Commission Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 14, 2018 Opinion or Order Filing 850 OPINION Entered by Judge Sue E. Myerscough on 02/14/2018. SEE WRITTEN OPINION. The Court ordered the following schedule: The parties shall report by February 16, 2018, the availability of witnesses and parties during the period beginning the wee k of June 17, 2018 through the first week of July 2018. Plaintiffs shall provide Dish with the facts and data underlying the opinions of Dr. Yoeli and D'Amours by February 22, 2018. Dish shall disclose to the Plaintiffs all additional witness es and documents that Dish intends to present at the Hearing by April 16, 2018. Dish shall disclose rebuttal expert reports by April 16, 2018. Dish shall disclose the facts and data underlying the rebuttal opinions by April 26, 2018. The partie s shall file all pre-hearing motions by May 1, 2018. The parties shall complete all expert discovery, including expert depositions, by May 21, 2018. The parties shall file simultaneous pre-Hearing briefs on June 1, 2018. The parties shall file simultaneous post-Hearing briefs two weeks after the completion of the Hearing. Upon review of the parties' reports on availability of witnesses and parties, the Court shall set the Hearing. (DM, ilcd)
August 10, 2017 Opinion or Order Filing 821 OPINION entered by Judge Sue E. Myerscough on 8/10/2017. Defendant Dish Network LLC's (Dish) Motion to Clarify, Alter and Amend the Order for Permanent Injunction (d/e 798 ) ("Injunction Order") (d/e 808 ) is ALLOWED in part and DENIED in part. The Court will enter an amended Injunction Order consistent with this Opinion. The Clerk will enter an amended judgment under Federal Rule of Civil Procedure 58. (SEE WRITTEN OPINION)(MAS, ilcd)
June 5, 2017 Opinion or Order Filing 798 ORDER OF PERMANENT INJUNCTION. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 06/05/2017. (DM, ilcd)
February 9, 2017 Opinion or Order Filing 766 OPINION entered by Judge Sue E. Myerscough on 2/9/2017. Plaintiffs and Defendant to file supplemental memoranda simultaneously on 2/28/2017. (SEE WRITTEN OPINION) (MAS, ilcd)
January 26, 2017 Opinion or Order Filing 763 OPINION entered by Judge Sue E. Myerscough on 1/26/2017. Defendant Dish Network, L.L.C.'s Motion to Strike State Plaintiffs' New Post-Trial Evidence to Residential Numbers (d/e 745 ) is DENIED. (MAS, ilcd)
December 7, 2016 Opinion or Order Filing 727 OPINION entered by Judge Sue E. Myerscough on 12/7/2016. Plaintiffs' Revised Motion to Exclude Rebecca Kirk Fair's Revised Responsive Expert Report and Strike Related Testimony as Inadmissible under Rule 702, d/e 718 is DENIED. (MAS, ilcd)
February 24, 2016 Opinion or Order Filing 624 OPINION (Injunctive Scheduling) entered by Judge Sue E. Myerscough on 2/23/2016. (MAS, ilcd)
January 13, 2016 Opinion or Order Filing 581 OPINION entered by Judge Sue E. Myerscough on 1/13/2016. Plaintiffs' Motion to Preclude the Expert Testimony of Kenneth Sponsler and Strike his Expert Report, d/e 522 is DENIED. Plaintiffs' Motion to Preclude the Expert Testimony of Ave ry Abernethy and Strike his Expert Report, d/e 523 is ALLOWED in part and DENIED in part. Plaintiffs' Motion to Preclude the Expert Testimony of Robert Fenili and Strike his Expert Report, d/e 524 is DENIED. (SEE WRITTEN OPINION) (MAS, ilcd)
January 7, 2016 Opinion or Order Filing 576 OPINION entered by Judge Sue E. Myerscough on 1/6/2016. Plaintiffs' Motion for Partial Judgment on the Pleadings and Motion to Preclude Dish's New "Mistake of Law" Defenses, d/e 530 is GRANTED IN PART and DENIED IN PART. (SEE WRITTEN OPINION) (MAS, ilcd) (Main Document 576 replaced on 1/7/2016) (MAS, ilcd).
January 4, 2016 Opinion or Order Filing 575 OPINION entered by Judge Sue E. Myerscough on 1/4/2016. Plaintiffs' Motion in Limine to Preclude Evidence Post-Dating the Close of Fact Discovery, d/e 526 is GRANTED IN PART and DENIED IN PART. (SEE WRITTEN ORDER). (MAS, ilcd)
December 16, 2015 Opinion or Order Filing 571 OPINION: Defendant Dish Network, L.L.C.'s Motion in Limine to Preclude Plaintiffs from Presenting Evidence of 2003-2007 Call Records and Memorandum in Support Thereof 535 is DENIED. (SEE WRITTEN OPINION) Entered by Judge Sue E. Myerscough on 12/16/2015. (GL, ilcd)
December 7, 2015 Opinion or Order Filing 562 OPINION entered by Judge Sue E. Myerscough on 12/7/2015. Plaintiffs' Motion in Limine to Preclude Argument or Evidence Regarding Registry Hygiene or Composition, d/e 531 is DENIED. (SEE WRITTEN OPINION) (MAS, ilcd)
October 13, 2015 Opinion or Order Filing 521 OPINION entered by Judge Sue E. Myerscough on 10/9/2015. Plaintiffs' Motion for Sanctions against Defendant Dish Network, d/e 507 is ALLOWED IN PART and DENIED IN PART. (SEE WRITTEN OPINION) (MAS, ilcd)
August 4, 2015 Opinion or Order Filing 517 OPINION entered by Judge Sue E. Myerscough on 8/4/2015. Defendant Dish Network, L.L.C.'s Expedited Motion to Preclude New Expert Opinions and to Compel the Production of Materials Related to Plaintiffs' April 2015 Analysis, d/e 500 is ALLOWED in part and DENIED in part. (SEE WRITTEN OPINION) (MAS, ilcd)
May 13, 2015 Opinion or Order Filing 499 OPINION: Plaintiff States of California, Illinois, North Carolina, and Ohio's Motion in Limine Regarding Admission of Supplement Under Rule 26(e) (d/e 489 ), and Defendant Dish Network, LLC's (Dish) Cross-Motion to Strike Plaintiff's Post-Discovery Expert Disclosures, Preclude the Use of Any Related Evidence at Trial, and for Cost and Attorneys' Fees (d/e 491 ) are ALLOWED in part and DENIED in part. The schedule of this proceeding is amended as follows. Defendant is given until June 15, 2015, to depose Dr. Erez Yoeli and Richard Stauffer and until July 15, 2015, to provide the Plaintiffs with a written response, including the disclosure of any additional expert opinions. The scope of this discovery is limited to the opinions set forth in the April 2015 Analysis discussed in this Opinion. The Plaintiffs have until August 1, 2015, to depose Dish's expert who rendered opinions disclosed in its response. The pretrial order is due September 1, 2015; motions i n limine are due September 1, 2015; responses to motions in limine are due September 15, 2015. The Final Pretrial Conference set for June 1, 2015, is vacated and reset for September 28, 2015 at 1:30 p.m. The Bench Trial set for July 21, 2015, is canceled and reset for October 6, 2015, at 9:00 a.m. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 5/13/2015. (MJ, ilcd)
February 17, 2015 Opinion or Order Filing 480 OPINION entered by Judge Sue E. Myerscough on 2/13/2015. PossibleNow, Inc.'s Motion for Intervention Pursuant to F.R.C.P. 24 for Leave to File Motion for Reconsideration, Instanter, d/e 454 is ALLOWED. PossibleNOW may intervene and is given l eave to file Intervening Defendant's Motion for Reconsideration, Instanter, of Opinion 445 (Motion to Reconsider). The Clerk is directed to file the Motion to Reconsider, a copy of which is attached as an exhibit to PossibleNOW's Memorandum in Support of Motion for Intervention Pursuant to F.R.C.P. 24, d/e 455 . The Motion to Reconsider is ALLOWED in part. The first full paragraph on page 211 of this Courts Opinion entered December 11, 2014, d/e 445 (Opinion 445), which starts on th e third line of page 211, is stricken except for the last sentence which reads, "Dish is not entitled to a safe harbor defense in Count V." This last sentence remains in Opinion 445. The Clerk is directed to strike through the stricken part of this paragraph of Opinion 445. All of the holdings in Opinion 445 remain unchanged by the one factual change made by this Opinion. (MAS, ilcd)
December 11, 2014 Opinion or Order Filing 445 OPINION entered by Judge Sue E. Myerscough on 12/11/2014. Plaintiffs' Motion for Summary Judgment, d/e 341 [402} and Defendant Dish Network LLC's Motion for Summary Judgment, d/e 346 are ALLOWED in part and DENIED in part. Status Conference set for 1/9/2015 at 10:00 AM by telephone from Springfield (court will place call) before Judge Sue E. Myerscough. (MAS, ilcd)
February 20, 2014 Opinion or Order Filing 377 OPINION entered by Judge Sue E. Myerscough on 2/19/2014. Defendant's Motion to Maintain Under Seal Certain Documents filed in Support of its Motion for Summary Judgment, d/e 358 is GRANTED IN PART and DENIED IN PART. Defendant shall refile all of the documents ordered refiled by this Court on or before 3/17/2014. (MAS, ilcd)
February 10, 2014 Opinion or Order Filing 371 OPINION entered by Judge Sue E. Myerscough on 2/10/2014. Plaintiffs' Opposition to Dish's Emergency Motion and Plaintiffs' Cross-Motion to Enforce Opinion 279 and for Discovery Sanctions, d/e 317 is GRANTED IN PART, DENIED IN PART AS MOOT, and DENIED IN PART. (SEE WRITTEN ORDER) (MAS, ilcd)
October 9, 2013 Opinion or Order Filing 332 OPINION entered by Judge Sue E. Myerscough on 10/9/2013. Plaintiffs' Objection to Opinion 240, d/e 249 is GRANTED IN PART. (SEE WRITTEN ORDER) (MAS, ilcd)
May 24, 2013 Opinion or Order Filing 305 OPINION entered by Judge Sue E. Myerscough on 5/23/2013. Plaintiffs' Motion to Strike Dish's Insufficient Defenses Pursuant to Fed. R. Civ. P. 12(f), d/e 276 is DENIED. (MAS, ilcd)
May 10, 2013 Opinion or Order Filing 293 OPINION entered by Judge Sue E. Myerscough on 5/10/2013. Defendant Dish Network LLC's 28 U.S.C. § 1292(b) Motion for Certification of an Interlocutory Appeal, d/e 277 is DENIED. (MAS, ilcd)
May 6, 2013 Opinion or Order Filing 288 OPINION entered by Judge Sue E. Myerscough on 5/3/2013. Defendant Dish Network LLC's Motion to Maintain Seal on Certain Documents Previously Filed Under Seal in this Action, d/e 273 is GRANTED IN PART and DENIED IN PART. (SEE WRITTEN OPINION) (MAS, ilcd)
April 11, 2013 Opinion or Order Filing 272 OPINION entered by Judge Sue E. Myerscough on 4/11/2013. The Defendant's Motion to Strike Plaintiffs' Improper Second Amended Complaint, d/e 260 is DENIED. (MAS, ilcd)
March 12, 2013 Opinion or Order Filing 258 OPINION: (1) The Motion to Dismiss (d/e 6 ) in Case No. 12-3221 is DENIED. However, Case No. 12-3221 is DISMISSED WITHOUT PREJUDICE with leave granted to Plaintiffs to file the claim in Case No. 09-3073 and without prejudice to Dish raising a res ju dicata defense in Dish I. (2) The Opinion (d/e 155 ) denying Plaintiffs Motion for Leave to File Second Amended Complaint in Case No. 09-3073 is VACATED. Plaintiffs Motion for Leave to File Second Amended Complaint (d/e 135 ) is GRANTED. The Clerk is DIRECTED to file the Second Amended Complaint (d/e 135 -1). The Second Amended Complaint is deemed filed as of May 18, 2012. (3) Dish's Motion for Leave to File Document Under Seal (d/e 251 ) is DENIED. The Court intends to unseal all of th e documents filed under seal in this case. However, before doing so, the parties are granted 30 days from the March 5, 2013 hearing, to identify those sealed documents that they believe should remain sealed or should have portions redacted. The oppos ing party may thereafter, within 14 days, file a response. (4) Within 14 days of the March 5, 2013 hearing, the parties shall submit either a joint Scheduling Order or their own Scheduling Order if the parties cannot reach an agreement. This matter i s set for jury trial beginning on April 8, 2014. (5) Dish's Motion to Strike/Preclude Plaintiffs' December 14, 2012 Discovery Responses (d/e 242 ) is DENIED AS MOOT in light of the anticipated new scheduling order. Entered by Judge Sue E. Myerscough on 3/11/2013. (ME, ilcd)
July 20, 2012 Opinion or Order Filing 166 OPINION by U.S. Magistrate Judge Byron Cudmore: Defendant's Motion for Leave to Conduct Two Depositions After the Close of Discovery and To Compel Certain Discovery from Plaintiffs 159 ALLOWED in part and DENIED in part. See written order. (LB, ilcd)
February 4, 2011 Opinion or Order Filing 86 OPINION entered by Chief Judge Michael P. McCuskey on 2/4/2011. The parties are ORDERED to jointly file an administrative complaint with the FCC seeking the FCC's interpretation of the phrase "on behalf of". The administrative complai nt (a/k/a an "application" or a "referral") must be filed by February 18, 2011. Once the FCC resolves the administrative complaint, the parties will, within seven (7) business days, jointly submit a status report to this Court notifying it of the FCC's action. The parties are directed to attach a copy of the FCC's resolution to the status report. (MAS, ilcd)
January 28, 2011 Opinion or Order Filing 85 OPINION entered by Chief Judge Michael P. McCuskey on 1/28/2011. Defendant DISH Network L.L.C.'s Motion for Judgment on the Pleadings Dismissing Claims of Liability Based Upon the Conduct of Third Parties Not Identified in the Complaint (d/e 70) is DENIED. (MAS, ilcd)
January 10, 2011 Opinion or Order Filing 80 AMENDED OPINION entered by Magistrate Judge Byron G. Cudmore on 1/10/2011. (MAS, ilcd)
December 29, 2010 Opinion or Order Filing 76 OPINION: Defendant DISH Network, L.L.C.'s Objection and Appeal From the Opinion and Order of Magistrate Cudmore Entered on December 9, 2010 72 is DENIED. Due to the denial of the Appeal, DISH's "Emergency Motion for a Stay Pending Appeal of the Court's December 9, 2010, Order" 74 is DENIED AS MOOT. Entered by Chief Judge Michael P. McCuskey on 12/29/10. (ME, ilcd)
December 9, 2010 Opinion or Order Filing 66 OPINION by U.S. Magistrate Judge Byron Cudmore: Defendant Dish Network LLC's Motion to Strike Jury Demand 54 DENIED. See written order. (LB, ilcd)
February 4, 2010 Opinion or Order Filing 32 OPINION entered by Judge Jeanne E. Scott on 2/3/2010. Defendant Dish Network, LLC's Motion for Interlocutory Appeal pursuant to 28 U.S.C. Section 1292(b) or, in the Alternative, for Reconsideraton (d/e 21) is DENIED. (MAS, ilcd)
November 2, 2009 Opinion or Order Filing 20 OPINION entered by Judge Jeanne E. Scott on 11/2/2009. SEE WRITTEN OPINION. Defendant Dish Network, L.L.C.'s Motion to Dismiss and Motion for Oral Argument (d/e 9) is DENIED. Defendant Dish Network is directed to answer the First Amended Complaint and Demand for Jury Trial (d/e 5) by November 30, 2009. (DM, ilcd)

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Search for this case: United States of America et al v. Dish Network LLC
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Plaintiff: United States of America
Represented By: Michael S Ziegler
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Plaintiff: State of California
Represented By: Michael S Ziegler
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Plaintiff: State of Illinois
Represented By: Michael S Ziegler
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Plaintiff: State of North Carolina
Represented By: Michael S Ziegler
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Plaintiff: State of Ohio
Represented By: Michael S Ziegler
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Defendant: Dish Network LLC
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