DISH Network L.L.C. et al v. McCarty

Filing 18

FINAL JUDGMENT AND PERMANENT INJUNCTION in favor of DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC against David McCarty. Signed by District Judge Martin Reidinger on 1/30/17. (Pro se litigant served by US Mail.) (ejb)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL NO. 1:16-cv-00270-MR-DLH DISH NETWORK L.L.C., ECHOSTAR TECHNOLOGIES L.L.C., and NAGRASTAR LLC, Plaintiffs, vs. DAVID MCCARTY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) FINAL JUDGMENT AND PERMANENT INJUNCTION THIS MATTER is before the Court on the parties’ Stipulation for Entry of Final Judgment and Permanent Injunction. [Doc. 17]. Having considered the Stipulation for Entry of Final Judgment and Permanent Injunction filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., and NagraStar LLC (collectively, “DISH Network”) and Defendant David McCarty (“Defendant”), and good cause appearing, the Court approves the parties’ stipulation and enters the following Order. IT IS, THEREFORE, ORDERED that: 1. Judgment is entered against Defendant on Counts I through III of DISH Network’s complaint which allege Defendant’s violations of the Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(1), Federal Communications Act, 47 U.S.C. § 605(a), and Electronic Communications Privacy Act, 18 U.S.C. §§ 2511(1)(a), 2520. 2. Defendant, and any person acting in active concert or participation with Defendant that receives actual notice of this order, is permanently enjoined from: a. circumventing or assisting others to circumvent DISH Network’s security system, or otherwise intercepting or assisting others to intercept DISH Network’s satellite signal; 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. 3. This permanent injunction takes effect immediately. 4. The Court is informed that the parties agreed to a confidential settlement sum, and therefore there are no damages awarded by the Court. 5. Each party is to bear its own attorney’s fees and costs. 6. All motions pending before the Court are denied as moot. 7. The Court retains jurisdiction over this action for a period of two years for the purpose of enforcing this permanent injunction. 2 IT IS SO ORDERED. Signed: January 30, 2017 3

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