Dish Network L.L.C. v. Bailey

Filing 29

ORDER re 28 Stipulation filed by Kenneth Bailey, Echostar Technologies L.L.C., Dish Network L.L.C., Nagrastar LLC. 1.Stipulation for Entry of Final Judgment and Permanent Injunction 28 is GRANTED. 2. The Clerk is directed to enter ju dgment in favor of Plaintiffs DISH Network LLC, EchoStar Technologies, LLC, and NagraStar LLC and against Defendant Kenneth Bailey on all three counts. 3. Pursuant to the Parties' stipulated permanent injunction (Doc. #28-1): a.Defendant Kenneth Bailey and anyone acting in active concert or participation with, or at the direction or control of Defendant, is hereby permanently enjoined from: i. circumventing or assisting others in circumventing DISH Network's security system, or otherwi se intercepting or assisting others in intercepting DISH Network's satellite signal; ii. testing, analyzing, reverse engineering, manipulating, or otherwise extracting codes, data, or information from DISH Network's satellite receivers, sma rt cards, satellite data stream, or any other part or component of the DISH Network security system. b. This permanent injunction takes effect immediately. 4. This stipulated permanent injunction order is entered without any findings of fact or concl usions of law and shall not be construed as an adjudication on the merits in this or any other proceeding. 5. The Clerk is further directed to terminate any pending motions, terminate any scheduling deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 4/29/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DISH NETWORK L.L.C., ECHOSTAR
TECHNOLOGIES L.L.C. and
NAGRASTAR LLC,
Plaintiffs,
v.

Case No: 2:14-cv-521-FtM-38DNF

KENNETH BAILEY,
Defendant.
/
ORDER1
This matter comes before the Court on Stipulation for Entry of Final Judgment and
Permanent Injunction (Doc. #28) filed on April 28, 2015.
Plaintiffs DISH Network LLC, EchoStar Technologies, LLC, and NagraStar LLC
(collectively, “DISH Network”) initiated this matter against Defendant Kenneth Bailey on
September 4, 2014. (Doc. #1). The three counts in the Complaint are as follows:
Circumventing an Access Control Measure in Violation of the Digital Millennium Copyright
Act, 17 U.S.C. § 1201(a)(1) (Count I); Receiving Satellite Signals without Authorization in
Violation of the Federal Communications Act, 47 U.S.C. § 605(a) (Count II); and
Intercepting Satellite Signals in Violation of the Electronic Communications Privacy Act,
18 U.S.C. §§ 2511(1)(a) and 2520 (Count III). Now, the Parties stipulate that final

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judgment should be entered in favor of DISH Network on all three counts. The Parties
agreed to a confidential settlement sum and therefore do not request an award of
damages. In addition, the Parties stipulate to an entry of a permanent injunction. The
Parties have supplied the Court with a proposed final judgment and permanent injunction.
(See Doc. #28-1).
Accordingly, it is now
ORDERED:
1. Stipulation for Entry of Final Judgment and Permanent Injunction (Doc. #28)
is GRANTED.
2. The Clerk is directed to enter judgment in favor of Plaintiffs DISH Network
LLC, EchoStar Technologies, LLC, and NagraStar LLC and against
Defendant Kenneth Bailey on all three counts.
3. Pursuant to the Parties’ stipulated permanent injunction (Doc. #28-1):
a. Defendant Kenneth Bailey and anyone acting in active concert or
participation with, or at the direction or control of Defendant, is
hereby permanently enjoined from:
i. circumventing or assisting others in circumventing DISH
Network’s security system, or otherwise intercepting or
assisting others in intercepting DISH Network’s satellite
signal;
ii. testing, analyzing, reverse engineering, manipulating, or
otherwise extracting codes, data, or information from DISH
Network’s satellite receivers, smart cards, satellite data

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stream, or any other part or component of the DISH Network
security system.
b. This permanent injunction takes effect immediately.
4. This stipulated permanent injunction order is entered without any findings
of fact or conclusions of law and shall not be construed as an adjudication
on the merits in this or any other proceeding.
5. The Clerk is further directed to terminate any pending motions, terminate
any scheduling deadlines, and close the case.
DONE and ORDERED in Fort Myers, Florida this 29th day of April, 2015.

Copies: All Parties of Record

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