CenturyLink, Inc. v. Dish Network L.L.C.
| CenturyLink, Inc. |
| Dish Network L.L.C. |
| Dish Network L.L.C. |
| CenturyLink, Inc. |
| 1:2011cv05528 |
| August 9, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Harold Baer |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
68
OPINION AND ORDER re: 65 LETTER MOTION for Conference re discovery dispute addressed to Magistrate Judge Henry B. Pitman from Douglas P. Lobel dated 7-30-14. filed by CenturyLink, Inc. Finally, I note that the RFAs are not the only avenue available to plaintiff to ascertain defendant's position concerning the events that occurred during the Contract negotiations. Plaintiff can take a Rule 30(b) (6) deposition of defendant concerning the negotiations and thereby discover a ll the facts in defendant's possession concerning what was said and done during the negotiations. Accordingly, for all the foregoing reasons, plaintiff's application to compel supplemental responses to its RFAs or to deem the subject matter of the RFAs admitted is denied. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 8/07/2014) Copies Sent By Chambers. (ama)
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Filing
43
OPINION AND ORDER: The present question before the Court is whether defendant DISH Network, L.L.C., ("DISH") may unilaterally implement a 60-month cap on the duration of certain payments owed to plaintiff CenturyLink, Inc. ("CenturyLin k"). After careful consideration of the parties' respective interpretations of the Contract, I conclude that DISH may not. I have considered the parties' other arguments and find them without merit. DISH may not unilaterally amend Sche dule 9.8.1 to impose a 60-month cap on MI payments. DISH shall continue to pay the MI consistent with my earlier Opinion and Order. Prejudgment interest is due from the due dates of the missed MI payments. The total owed by DISH, which includes the MI payments, prejudgment interest, and mediated attorney fees of $750,000, is $13,460,336.87. (Signed by Judge Harold Baer on 12/12/2012) (ja)
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Filing
30
OPINION AND ORDER: For the foregoing reasons, CenturyLink's motion for partial judgment on the pleadings is GRANTED. Under the terms of the Contract, DISH is to pay monthly incentives for legacy customers from termination through the wind-down period as provided in § 12.4(b). The Clerk of Court is instructed to close the motion. (Signed by Judge Harold Baer on 7/31/2012) (jfe)
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