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

Filing 63

ORDER: The Report and Recommendation of the Honorable Amanda Arnold Sansone, United States Magistrate Judge (Doc. # 58 ) is ACCEPTED and ADOPTED in all respects. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 7/2/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DISH NETWORK L.L.C.
and NAGRASTAR LLC,

Case No. 8:18-cv-1332-T-33AAS

Plaintiffs,
v.
NELSON JOHNSON, JASON
LABOSSIERE, SET BROADCAST
LLC, STREAMING ENTERTAINMENT
TECHNOLOGY LLC, DOE 1, as
Trustee for Chateau Living
Revocable Trust, and DOE 2,
as Trustee for Macromint
Trust, individually and
collectively d/b/a
www.setvnow.com,
Defendants.

ORDER
This matter comes before the Court pursuant to the Report and
Recommendation of the Honorable Amanda Arnold Sansone, United
States Magistrate Judge (Doc. # 58), filed on June 29, 2018.
Therein, Judge Sansone recommends granting Plaintiffs’ Motion for
Preliminary Injunction (Doc. # 3), granting in part and denying in
part Defendants’ construed Motion for relief from the current
temporary restraining order (Doc. # 48), as well as other relief.
The Court recognizes that parties are afforded a 14-day period
for lodging objections to a Report and Recommendation.

However,

in this case, all parties have advised the Court that they do not
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object to any term of the June 29, 2018, Report and Recommendation.
See Doc. ## 61, 62.

As explained below, the Court adopts the

Report and Recommendation.
Discussion
A district judge may accept, reject or modify the magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams
v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459
U.S. 1112 (1983).

In the absence of specific objections, there is

no requirement that a district judge review factual findings de
novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993),
and the court may accept, reject or modify, in whole or in part,
the findings and recommendations. 28 U.S.C. § 636(b)(1)(C).

The

district judge reviews legal conclusions de novo, even in the
absence of an objection.

See Cooper-Houston v. S. Ry. Co., 37

F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.
Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th
Cir. 1994).
After

conducting

a

careful

and

complete

review

of

the

findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual findings
and

legal

conclusions

of

the

magistrate

recommendation of the magistrate judge.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
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judge

and

the

(1)

The Report and Recommendation of the Honorable Amanda
Arnold Sansone, United States Magistrate Judge (Doc. # 58)
is ACCEPTED and ADOPTED in all respects.

(2)

The Plaintiffs’ Motion for Preliminary Injunction (Doc. #
3) is GRANTED.

(3)

The

Defendants’

construed

motion

for

relief

from

the

current temporary restraining order (Doc. # 48) is GRANTED
to the extent that the Defendants request modification to
the asset freeze language to provide flexibility for the
release of funds upon the Plaintiffs’ authorization. To
the extent the construed motion seeks broader relief, the
Defendants’ motion is DENIED.
(4)

The

Court

enters

the

parties’

Consent

Preliminary

Injunction:
Defendants

and

any

of

their

officers,

agents,

servants,

employees, and those acting in active concert or participation
with them, including affiliates and resellers, who receive actual
notice of this Order are ENJOINED and must RESTRAIN from directly
or indirectly:
(a)

receiving

or

assisting

others

in

receiving

DISH

programming without authorization by DISH;
(b)

operating

the

websites

https://store.setvnow.com,

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www.setvnow.com,

https://affiliate.setvnow.com,

and

https://reseller.setbroadcast.com;
(c)

manufacturing,
exporting,

assembling,

selling,

modifying,

distributing,

importing,

or

otherwise

trafficking in the SET TV streaming service,

SET TV

set-top boxes, SET TV related software, applications,
and/or passcodes, A-Box set-top boxes, Setplex set-top
boxes, other set-top boxes capable of receiving the SET
TV streaming service, or any other technology, product,
service, device, component, application, passcode, or
part thereof that is primarily of assistance in the
unauthorized reception of DISH programming;
(d)

hosting

or

otherwise

supporting

advertises,

promotes,

offers,

any

sells,

website
or

that

otherwise

traffics in the SET TV streaming service, SET TV settop boxes, SET TV related software, applications, and/or
passcodes, A-Box set-top boxes, Setplex set-top boxes,
other set-top boxes capable of receiving the SET TV
streaming service;
(e)

destroying,

concealing,

hiding,

modifying,

or

transferring:
i.

any computers or computer servers that have been used,
are being used, or that are capable of being used to
support the SET TV pirate streaming service;
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ii.

any satellite receivers, smart cards, and satellite
dishes, including DISH receiving equipment, that have
been used, are being used, or that are capable of
being used to support the SET TV pirate streaming
service;

iii.

any SET TV software, applications, and/or passcodes,
including any devices capable of storing that software
and/or applications such as computers or external
storage devices such as thumb drives and diskettes;

iv.

any SET TV set-top boxes, A-Box set-top boxes, Setplex
set-top boxes, or other set-top boxes capable of
receiving the SET TV streaming service; and

v.

any

books,

documents,

files,

records,

or

communications whether in hard copy or electronic
form, relating in any way to the SET TV streaming
service,

set-top

boxes,

and

related

software

and

passcodes, or any other service or device that is used
in

satellite

television

piracy,

including

the

identities of manufacturers, exporters, importers,
dealers, or purchasers of such services and devices,
or persons involved in operating the SET TV server.
(f)

transferring,

removing,

encumbering,

or

permitting

withdrawal of any assets or property belonging to or
under the management of any Defendant, whether real or
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personal, tangible or intangible, including cash, bank
accounts of any kind, stock accounts, bonds, title to
any Defendant’s business property, including any assets
or property owned, held, or managed by Macromint Trust
or

Chateau

institution

Living
or

Revocable

other

person

Trust.
may

A

unfreeze

financial
any

asset

covered by this section upon prior written authorization
by Plaintiffs.

Plaintiffs must promptly file notice of

any such authorization.
Defendants are warned that any act by them in violation of
any of the terms of this Order after proper notice to them may be
considered and prosecuted as contempt of this Court.
DONE and ORDERED in Chambers in Tampa, Florida, this 2nd day
of July, 2018.

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