Fox asks U.S. court to bar EchoStar retransmissions

[Greg Bimson]

Geronimo, I never said there was an injunction in place, other than to report on the Reuters story last night, and I retracted it wherever I could find it.

Actually, let me reverse that...

The same judge that currently has the case issued an injunction and a stay back in 2002 or 2003, but only for those subscribers that were ineligible. Just do a search on Echostar and Dimitrouleas. You'll find the 2002 or 2003 order.

And please do not talk down to me. I understand what is going on here just fine.

Other than the article, I do not see any documentation that gives Dish Network 45 days to reply. If you can find a court order giving Dish Network 45 days, then I'll back off.

 

[Peter Parker]

Actually waht you said was that the stay of the injunction was denied. And that is hard if there is no injunction. Your link refers to something different. i am sorry but you do not quite understand all this.

There is no injunction until the 45 day period expires. You can doa search and find that for yourself. Otherwise how do you explain why there is no injunction if the higher court ordered it? Why hasn't it happened since it is now more than 30 days since the higher court issued their order?

 

[ThomasRz]

Here are the last few docket entries. My comments are in blue. Make of this what you will.


8/23/06 996 Record on appeal returned from U.S. Court of AppealsMiami/Records) consisting of (27) volumes of Pleadings, (22) Volumes of Transcripts, (1) Accordian Folder and (92) Sealed Documents [926-1] appeal by FBC Television, ABC Television, NBC Television, CBS Television, [927-1] appeal by CBS Broadcasting, Fox Broadcasting, FBC Television, ABC Television, NBC Television, CBS Television, [896-1] appeal by All Defendants USCA #: 03-13671-DD (vl) [Entry date 08/28/06]

Ok, so the District Judge gets the file back from the court of appeals.

8/25/06 998 NOTICE OF SETTLEMENT filed by All Plaintiffs (cj)[Entry date 08/31/06]

I don't know what this means especially since it says "All Plaintiffs"

8/28/06 997 ORDER TO SHOW CAUSE why the Court should not immediately enter a nationwide permanent injunction pursuant to the Eleventh Circuit's mandate. Response to Order to Show Cause due 9/12/06 (Signed by Judge William P. Dimitrouleas on 8/28/06) [EOD Date: 8/31/06] (ss) [Entry date 08/31/06]

Ok here's the infamous 9/12 date - My guess is that in order not to be reversed later on some technicality, he gives everybody one more chance to make an argument (probably only E*) - this may be standard procedure. Now Fox has asked him to forget about this and issue the injunction immediately. I don't see any reference to such a motion or the outcome.

8/28/06 -- Unable to select Robert C.L. Vaughn, Esq. for fax back re: DE #997 (ss) [Entry date 08/31/06]

8/28/06 999 NOTICE of attorney appearance for Fox Broadcasting by John
F. O'Sullivan (cj) [Entry date 08/31/06]

[END OF DOCKET: 1:98cv2651]

So what I think we have is the judge saying everyone has until 9/12 to convince me otherwise or here come the injunction. Fox says - hey no need to wait the CoA has said that's the only outcome. Two options 1-Judge agrees with Fox, injunction is issued right away, DNS vanishes unless and until SCOTUS reverses (a loooong shot that would take a loooong time) or Congress does something (sometime after the elections, probably after the new Congress starts. 2 - Judge denies Fox's request and Fox either accepts or appeals to Atlanta again.

 

[Greg Bimson]

Now I see the problem.

I never got back to this post to retract the Reuters story that the injunction was issued.

Other than that important issue, what I have said is still correct. No one gave the sides a "cooling off" period of 45 days, officially. However, it appears that the representative from Congress' request for the 45-day delay only coincides with the court's timeline to resolve the case.

Sorry about the short fuse, Geronimo.

 

[Peter Parker]

Here are SOME OF the results of a simple Google search

http://www.broadcastingcable.com/article/CA6368032.html

http://www.allheadlinenews.com/articles/7004729166

http://www.signonsandiego.com/news/business/20060901-1406-echostar-lawsuit.html


Unless something happens between now and the 12th (or the 11th pers some articles) there will be an injunction against DISH. Actually it COULD happen sooner if FOX gets its way.

But a tthis point let's just agree to disagree.

 

[MikeD-C05]

It is weird that the date of 9/11 is chosen considering the significance of that day in U. S. History- YES history. It seems like 9/11 happened yesterday in someways and further back than 5 years in other ways.

Time marches on.....

 

[DVR625]

IMHO. They would be doing a world of good if that stoped broadcasting FoxNews!!!

 

[Juan]

Hmmmm Looks like Sept 12th is now "the date of infamy"

U.S. District Judge William P. Dimitrouleas has given EchoStar until Sept. 12 to explain why a permanent nationwide ban should not be implemented.

http://biz.yahoo.com/ap/060901/echostar_lawsuit.html?.v=2

 

[tds4182]

Fox Asks U.S.Court to Bar EchoStar Retransmissions

IMHO. They would be doing a world of good if that stoped broadcasting FoxNews!!!

There are just as many of us who would rather keep Fox News as a small, but significant counterbalance to CBS (Rathergate), NBC (Katrina Victimhood all the time) and ABC (Bush can't do anything right all the time), not to mention MSNBC and National Public Radio.

 

[DVR625]

(Bush can't do anything right all the time)

And you find a problem with that. lol

 

[Bulldog]

Interesting

Fox is a unit of News Corp. (NWS.N: Quote, Profile, Research), which also controls EchoStar's larger satellite TV rival, DirecTV Group. (DTV.N: Quote, Profile, Research).

As always the customer's interest at heart

 

[tds4182]

And you find a problem with that. lol

At least with Bush we don't have a President with his pants and underwear down around his ankles all the time!

 

[MikeD-C05]

At least with Bush we don't have a President with his pants and underwear down around his ankles all the time!

No, but he has his head up his ass most of the time and his foot in his mouth the rest of the time.:

 

[DVR625]

At least with Bush we don't have a President with his pants and underwear down around his ankles all the time!

No, but he has his head up his ass most of the time and his foot in his mouth the rest of the time.:

Also I'd rather have a president who lied about a BJ then lied about EVERYTHING ELSE!!!!
Did you know the Monkey caught the biggest 7.5 pound perch ever in he's man made lake. Like twice the size of any on record.
" The only problem is that the world’s record for the largest freshwater perch caught is 4 pounds 3 ounces.

So Bush either doubled the world record, and didn’t report it, or he’s a liar."

He also read 60 books in 8 months. How did he ever find the time, between the war and having talks with God. I don't get it!!!
At least with those no one died, I wish I could say the same about his others!!!!
I wish congress had some balls!! Remember they impeached Clinton of lieing about a bj. It's long over do for them to step up to the plate!!!

 

[ArtWIS]

At least with Bush we don't have a President with his pants and underwear down around his ankles all the time!

Now that's funny! And True!:

 

[ArtWIS]

The same judge that currently has the case issued an injunction and a stay back in 2002 or 2003, but only for those subscribers that were ineligible. Just do a search on Echostar and Dimitrouleas. You'll find the 2002 or 2003 order.

I may be wrong but it seems to me that this whole current deal goes right back to the judges injunction and stay from 2002 or 2003. Dish has never complied and is to this day still handing out illegal DNS. So now they get the big penalty and their subs who do legally receive DNS are screwed. Dish can make all the agreements they want but the bottom line is they continued to break the law after 2002-2003 and THAT'S why their getting shut down.

 

[Greg Bimson]

I may be wrong but it seems to me that this whole current deal goes right back to the judges injunction and stay from 2002 or 2003. Dish has never complied and is to this day still handing out illegal DNS. So now they get the big penalty and their subs who do legally receive DNS are screwed. Dish can make all the agreements they want but the bottom line is they continued to break the law after 2002-2003 and THAT'S why their getting shut down.

Here is the problem...

When Judge Dimitrouleas ruled in 2003, he imposed an injunction to turn off only ineligible subscribers. Both the plaintiffs and Dish Network appealed the ruling, because the plaintiffs believed the judge should have imposed a stiffer penalty, and Dish Network believed an injunction for their trespasses was too heavy-handed. So, the judge stayed the injunction until the Appeals Court could rule.

The only data provided for this suit was for a period in 1998 and 1999, and again in April, 2002. No other data appears to have been used.

The Appeals Court looked at the data provided in 2002, and ruled that Dish Network was incorrectly qualifying between 20 and 30 percent of their subscribers. There was a higher percentage of unqualified distant network subscibers in 1998 and 1999, which led the courts to state there was a pattern or practice of willful infringement. There is only one course of action: an injunction of the distant network license.

So, Dish Network is being shut down because of their transgressions between 1998 and 2002. Dish Network never qualified their customers correctly. Because Judge Dimitrouleas stayed the injunction he issued in 2003, there isn't any data from the April, 2002 data point to present day that the Appeals Court needed to inspect.

 

[tds4182]

Fox Asks U.S.Court to Bar EchoStar Retransmission

. . . Remember they impeached Clinton of lieing about a bj. . . .


They didn't impeach Clinton for "lying about a blowjob."

That's classic Democrat/Liberal spin and it's total Bullsh!t!

Clinton was impeached for lying to a Federal Grand Jury about his role in the Paula Jones sexual harrassment civil suit she filed against him after he exposed himself to her.

As the Chief Law Enforcement Officer of the United States, a lawyer (now disbarred, thank God) and a former law professor Clinton knew exactly what he was doing when he lied to the Grand Jury. He admitted this (finally) when he reached his settlement with the Special Prosecutor the day he left office.

No matter how you feel about Bill Clinton, for him to try to deny Paula Jones her rightful day in court in this manner is inexcusable. Put yourself in her place and ask how you'd feel if this happened to you.

 

[DVR625]

I think its save to say the Idiot is a compulsive liar!!! Or is it just he's nature.
Either way he isn't good at it!!!!

. . . Remember they impeached Clinton of lieing about a bj. . . .


They didn't impeach Clinton for "lying about a blowjob."

 

[cebbigh]

Can we try to get this thread back on track about it's original subject?