Dish Network L.L.C. v. Ramirez

Filing 11

ORDER on 10 Plaintiff's Dish Network L.L.C.'s Motion for Default Judgment by Judge R. Brooke Jackson on 7/15/15.(jdyne, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge R. Brooke Jackson Civil Action No 15-cv-01115-RBJ DISH NETWORK L.L.C., a Colorado limited liability company, Plaintiff, v. REY RAMIREZ d/b/a My Sky TV, an individual Kansas resident, Defendant. ORDER ON PLAINTIFF DISH NETWORK L.L.C.’S MOTION FOR DEFAULT JUDGMENT After considering the Motion for Default Judgment [ECF No. 10] filed by Plaintiff DISH Network L.L.C. (“DISH”) against Defendant Rey Ramirez d/b/a My Sky TV (“Ramirez”), the Entry of Default filed by the Clerk of the Court, and the underlying Application to Confirm Arbitration Award filed by DISH, the Court hereby GRANTS the Motion for Default Judgment and renders judgment in favor of DISH against Ramirez pursuant to Federal Rule of Civil Procedure 55(b) for failure to plead or otherwise defend the above-entitled action. ITS IS THEREFORE ORDERED that the arbitration award issued by the American Arbitration Association on June 23, 2014, in favor of DISH against Ramirez (the “Arbitration Award”), is hereby confirmed pursuant to 9 U.S.C. § 9 which provides that “at any time within one year after the award is made any party to the arbitration may apply to the court . . . for an order confirming the award, and thereupon the court must grant such order unless the award is 1 vacated, modified, or corrected,” as prescribed by the Federal Arbitration Act; and it is further ORDERED that judgment is awarded in favor of DISH against Ramirez for the sum amount of $86,180.38—an amount comprised of actual damages, administrative expenses, and reasonable attorneys’ fees as set forth in the Arbitration Award; and it is further ORDERED that any other relief not expressly provided herein is DENIED. DATED this 15th day of July, 2015. BY THE COURT: ___________________________________ R. Brooke Jackson United States District Judge 2

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