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

Filing 15

FINAL JUDGMENT and PERMANENT INJUNCTION. Signed by Judge Roy B. Dalton, Jr. on 7/22/2015. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DISH NETWORK LLC; ECHOSTAR
TECHNOLOGIES LLC; and
NAGRASTAR LLC,
Plaintiffs,
v.

Case No. 6:15-cv-789-Orl-37DAB

JUAN ALBORNOZ,
Defendant.
FINAL JUDGMENT AND PERMANENT INJUNCTION
This cause is before the Court on the parties’ Stipulation for Entry of Final
Judgment and Permanent Injunction (Doc. 14), filed July 14, 2015. Upon consideration,
the Court APPROVES the stipulation and ORDERS as follows:
1.

Judgment is entered for Plaintiffs DISH Network LLC, EchoStar
Technologies LLC, and NagraStar LLC (collectively, “DISH Network”) on
Count I of the Complaint alleging violations of the Digital Millennium
Copyright Act, 17 U.S.C. § 1201(a)(1); Count II alleging violations of the
Federal Communications Act, 47 U.S.C. § 605(a); and Count III alleging
violations of the Electronic Communications Privacy Act, 18 U.S.C.
§§ 2511(1)(a) and 2520. The Court is informed that DISH Network and
Defendant Juan Albornoz (“Defendant”) have agreed to a confidential
settlement sum, and therefore no damages are awarded in this judgment.

2.

Defendant, and any person acting in active concert or participation with
Defendant that receives actual notice of

this order, is hereby

PERMANENTLY ENJOINED from:
a.

circumventing or assisting others in circumventing DISH Network’s
security system without authorization, or otherwise intercepting or
assisting others in intercepting DISH Network’s satellite signal
without authorization;

b.

testing, analyzing, reverse engineering, manipulating, or otherwise
extracting codes, data, or information from DISH Network’s satellite
receivers, smart cards, satellite data stream, or any other part or
component of the DISH Network security system for the purpose of
performing acts that are prohibited by 17 U.S.C. § 1201(a), 47 U.S.C.
§ 605(a), or 18 U.S.C. §§ 2511(1)(a) or 2520.

3.

This permanent injunction takes effect immediately.

4.

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

5.

The Court retains jurisdiction over this action for a period of two years for
the purpose of enforcing this final judgment and permanent injunction. 1

6.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on July 22, 2015.

1

For clarity, the Court retains jurisdiction only for the limited purpose of enforcing
the permanent injunction set forth in this final judgment. The Court declines to retain
jurisdiction to enforce any other terms of the parties’ confidential settlement agreement.
See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994).

2

Copies:
Counsel of Record

3