Dish Network L.L.C. v. ABC, Inc. et al

Filing 11

DECLARATION of David Shull in Support re: 3 Order to Show Cause,,,,,,,,. Document filed by Dish Network L.L.C.. (Bicks, Peter)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DISH NETWORK L.L.C.,
Plaintiff,
v.

12 Civ. 4155 (LTS) (KNF)

AMERICAN BROADCASTING
COMPANIES, INC., CBS CORPORATION,
the FOX ENTERTAINMENT GROUP, INC.,
FOX TELEVISION HOLDINGS, INC., FOX
CABLE NETWORK SERVICES, L.L.C., and
NBCUNIVERSAL MEDIA, L.L.C.,

DECLARATION OF DAVID SHULL

Defendants.

Pursuant to 28 U.S.C. § 1746 DAVID SHULL hereby declares:
1.

I am the Senior Vice President of Programming for DISH Network L.L.C.

(“DISH”). I submit this Declaration in support of DISH’s Motion for an Anti-Suit Injunction
and Temporary Restraining Order.
2.

In the course of my job responsibilities at DISH, I am in regular contact with

representatives of the four major television networks, ABC, CBS, Fox and NBC.
3.

After the introduction of Auto Hop on May 10, 2012 none of the individuals with

whom I interact at the networks made any threat or mention of possible litigation. I did not
receive, and to my knowledge no one at DISH has received, a cease and desist letter or any
formal communication making such a threat prior to the networks filing suit on the afternoon of
May 24, 2012. While I was aware of general threats in the media about the possibility of
litigation, I never received communication from anyone at the networks of any planned action.
I declare under penalty of perjury that the forgoing is true and correct.

Executed on: May 28, 2012

David Shull

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