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

Filing 370

ORDER. "Defendants' Motion to Stay Proceedings Pending Appeal" (Doc. 344) is denied as moot. A permanent injunction is entered as set forth in the Order. The Clerk is directed to enter final judgment in favor of Plaintiff DISH Network L.L.C., and against Defendants Gaby Fraifer, Tele-Center, Inc., and Planet Telecom, Inc., jointly and severally, in the amount of $600,000.00. See Order for details. Signed by Judge Thomas P. Barber on 4/18/2022. (EKB)

Case 8:16-cv-02549-TPB-CPT Document 370 Filed 04/18/22 Page 1 of 3 PageID 22697

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DISH NETWORK L.L.C.,
Plaintiff/Counter-Defendant,
v.

Case No. 8:16-cv-2549-TPB-CPT

GABY FRAIFER, TELE-CENTER,
INC., and PLANET TELECOM, INC.,
individually and together d/b/a
UlaiTV, PlanetiTV, and AhlaiTV,
Defendants/Counter-Plaintiffs.

/
ORDER

This matter is before the Court on “Plaintiff’s Notice of Filing Proposed
Permanent Injunction,” filed on January 10, 2022, and Defendants’ “Motion to Stay
Proceedings Pending Appeal,” filed on January 21, 2022. (Docs. 339; 344). As set
forth below, the Court hereby enters a permanent injunction, directs entry of a final
judgment for damages, and denies Defendants’ motion to stay.
Entry of Permanent Injunction
In its Memorandum of Decision (Doc. 337), the Court ruled that a permanent
injunction was appropriate and directed Plaintiff to file a proposed form of
injunction. Plaintiff filed a proposed form of injunction (Doc. 339) and Defendants
filed objections. (Doc. 343). Having considered the arguments of the parties, a
permanent injunction is hereby ENTERED against Defendants as follows:

Case 8:16-cv-02549-TPB-CPT Document 370 Filed 04/18/22 Page 2 of 3 PageID 22698

Upon receiving actual notice of this Order by personal service or
otherwise, Defendants Gaby Fraifer, Tele-Center, Inc., and Planet
Telecom, Inc., along with their officers, agents, servants, employees,
and any other persons that are acting in active concert or participation
with any of the foregoing, are permanently enjoined from publicly
performing in the United States any works that air on the Al Hayah
1/Al Hayat, Future TV, LBC, or LDC/LBC1 channels.
Entry of Final Judgment
For the reasons set forth in the Memorandum of Decision, the Clerk is
DIRECTED to enter final judgment in favor of Plaintiff DISH Network L.L.C., and
against Defendants Gaby Fraifer, Tele-Center, Inc., and Planet Telecom, Inc.,
jointly and severally, in the amount of $600,000.00.
Motion to Stay
Defendants seek a stay of all proceedings or, alternatively, a stay of
proceedings on Plaintiff’s motion for fees pending Defendants’ appeal to the
Eleventh Circuit. (Doc. 344). Plaintiff opposes the motion. (Doc. 356). The
Eleventh Circuit has now dismissed Defendants’ appeal for lack of jurisdiction. The
motion to stay pending appeal is therefore DENIED AS MOOT. 1
DONE and ORDERED in Chambers in Tampa, Florida, this 18th day of

Defendants’ motion to stay also failed to show that a stay pending appeal was warranted.
See, e.g., Davis v. City of Apopka, No. 6:15-cv-1631-Orl-37LRH, 2020 WL 4740521, at *2
(M.D. Fla. Mar. 25, 2020), report and recommendation adopted, 2020 WL 2554215 (M.D.
Fla. May 20, 2020) (noting that courts in this circuit typically decline to stay proceedings on
collateral matters such as fees and costs, in order to avoid piecemeal appeals).
1

Case 8:16-cv-02549-TPB-CPT Document 370 Filed 04/18/22 Page 3 of 3 PageID 22699

April, 2022.

TOM BARBER
UNITED STATES DISTRICT JUDGE