Dish Network L.L.C. et al v. Rhoades

Filing 13

STIPULATION AND FINAL JUDGMENT, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 1/17/12. (lrc, COURT STAFF) (Filed on 1/17/2012)

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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DISH NETWORK L.L.C.,
ECHOSTAR TECHNOLOGIES L.L.C.,
and NAGRASTAR LLC,

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Case No. 4:11-cv-04448-SBA

Plaintiffs,

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STIPULATED FINAL JUDGMENT AND
PERMANENT INJUNCTION

v.
JEROME RHOADES,

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Defendant.

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Having considered the parties’ Stipulation for Entry of Agreed Final Judgment and

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Permanent Injunction, the court file in this matter, and the applicable law, the Court ORDERS as

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follows:

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(1)

Defendant and anyone acting in active concert or participation with, or at the

direction or control of Defendant, is hereby permanently enjoined from:
Final Judgment and Permanent Injunction Case
No. 4:11-cv-04448-SBA

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A.

circumventing or assisting others in circumventing DISH Network’s

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security system, or otherwise intercepting or assisting others in intercepting DISH Network’s

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satellite signal;

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B.

testing, analyzing, reverse engineering, manipulating, or otherwise

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extracting codes, data, or information from DISH Network’s satellite receivers, smart cards,

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satellite data stream, or any other part or component of the DISH Network security system.

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(2)

This permanent injunction takes effect immediately.

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(3)

Judgment is entered for DISH Network on Count I of the complaint alleging

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violations of the Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(1), Count II alleging

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violations of the Federal Communications Act, 47 U.S.C. § 605(a), and Count III alleging

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violations of the Electronic Communications Privacy Act, 18 U.S.C. §§ 2511(1)(a) and 2520.

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(4)

Statutory damages in the amount of $10,000 are awarded to DISH Network in

accordance with 18 U.S.C. § 2520(c)(2)(B).

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(5)

Each party is to bear its own attorney’s fees and costs.

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(6)

The Court retains jurisdiction over this action for the purpose of enforcing this

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final judgment and permanent injunction. All disputes arising from this Order shall be referred to

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the Chief Magistrate Judge or her designee for preparation of a report and recommendation.

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(7)

All pending deadlines and matters are terminated. The Clerk shall close the file.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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SIGNED and ENTERED this 17th day of January 2012.

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_____________________________
Hon. Saundra Brown Armstrong
United States District Judge

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Final Judgment and Permanent Injunction Case
No. 4:11-cv-04448-SBA