ACE American Insurance Company v. Dish Network, LLC

Filing 170

ORDER Denying as Moot 93 Ace American Insurance Companys Motion to Enjoin Dish from Prosecuting Parallel Litigation in the United States District Court for the Central District of Illinois; Denying as Moot 95 Ace American Insurance Companys Motion to Shorten Time for Consideration of Motion to Enjoin Dish from Prosecuting Parallel Litigation in the United States District Court for the Central District of Illinois; Denying as Moot 123 Motion of Dish Network L.L.C. To Strike the Decl aration and Expert Report of John Kezer, Esq. And Supporting Memorandum; Denying 154 Joint Motion Requesting Oral Argument on Cross-motions for Summary Judgment; Denying as Moot 155 Travelers Property Casualty Company of Americas Motion to Intervene for a Limited Purpose. Signed by Judge Robert E. Blackburn on 3/25/2016.(cmira)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00560-REB-MEH
ACE AMERICAN INSURANCE COMPANY,
Plaintiff,
v.
DISH NETWORK, LLC,
Defendant.

ORDER
Blackburn, J.
This matter is before me on the following: (1) Ace American Insurance
Company’s Motion to Enjoin Dish from Prosecuting Parallel Litigation in the United
States District Court for the Central District of Illinois [#93]1 filed June 12, 2015; (2)
Ace American Insurance Company’s Motion to Shorten Time for Consideration of
Motion to Enjoin Dish from Prosecuting Parallel Litigation in the United States
District Court for the Central District of Illinois [#95] filed June 12, 2015; (3) the Motion
of Dish Network L.L.C. To Strike the Declaration and Expert Report of John Kezer,
Esq. And Supporting Memorandum [#123] filed July 20, 2015; (4) the Joint Motion
Requesting Oral Argument on Cross-motions for Summary Judgment [#154] filed
November 25, 2015; and (5) Travelers Property Casualty Company of America’s

1

“[#93]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

Motion to Intervene for a Limited Purpose [#155] filed December 7, 2015. The parties
filed responses and replies addressing each of these motions.
Concurrently with this order, I am filing an order addressing the cross motions for
summary judgment of the parties. In that order, I grant the motion for summary judgment
of the plaintiff, ACE American Insurance Company. The order granting the motion for
summary judgment of ACE effectively moots the motion to enjoin parallel litigation [#93],
the motion to expedite the motion to enjoin [#95], and the motion to strike the expert report
of John Kezer, Esq. [#123].2
The joint motion for a hearing [#154] on the cross motions for summary judgment is
denied. In my order on the cross motions for summary judgment, I state my conclusion
that no hearing on the motions is necessary. With 147 pages of briefing on the cross
motions for summary judgment, it is readily apparent that a hearing would not inform the
issues further.
Finally, the motion to intervene [#155] of Travelers Property Casualty Company of
America also is moot. Travelers sought to intervene in this case for the limited purpose of
arguing in support of the motion of the defendant to stay or transfer this case [#92]. On
February 19, 2016, I entered an order [#169] denying the motion to stay or transfer.
THEREFORE, IT IS ORDERED as follows:
1. That Ace American Insurance Company’s Motion to Enjoin Dish from
Prosecuting Parallel Litigation in the United States District Court for the Central
District of Illinois [#93] filed June 12, 2015, is denied as moot;

2

The report of Mr. Kezer addresses an issue which I was not required to address in resolving the
cross motions for summary judgment.

2

2. That Ace American Insurance Company’s Motion to Shorten Time for
Consideration of Motion to Enjoin Dish from Prosecuting Parallel Litigation in the
United States District Court for the Central District of Illinois [#95] filed June 12, 2015,
is denied as moot;
3. That the Motion of Dish Network L.L.C. To Strike the Declaration and Expert
Report of John Kezer, Esq. And Supporting Memorandum [#123] filed July 20, 2015, is
denied as moot;
4. That the Joint Motion Requesting Oral Argument on Cross-motions for
Summary Judgment [#154] filed November 25, 2015, is denied; and
5. That Travelers Property Casualty Company of America’s Motion to
Intervene for a Limited Purpose [#155] filed December 7, 2015, is denied as moot.
Dated March 25, 2016, at Denver, Colorado.
BY THE COURT:

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