United States District Court, N.D. Illinois
April 12, 2004.
DIRECTV, INC., Plaintiff,
ROBERT P. HAUSER, Defendant
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Whether or not 18 U.S.C. § 2520 provides a private right of action for
violations of 18 U.S.C. § 2512 has engaged the attention of many courts,
with divided results. We are not at all sure it makes much difference.
Those finding such a right generally require the plaintiff to first
establish a violation of 18 U.S.C. § 2511. If that is so, adding in §
2512 appears to add nothing more, other than an extra element of proof.
Having so noted, however, we do have an obligation to rule on the motion
to dismiss count HI, and we do so. We grant the motion to dismiss count
III for the reasons advanced by Chief Judge Kocoras in DirecTV v.
Delaney, 03 C 3444 (N.D. Ill. 2003).
Motions to dismiss conversion claims have also given rise to divided
results, although far fewer courts have engaged in that analysis. Again,
we are persuaded by Chief Judge Kocoras' analysis and deny the motion to
dismiss count V. And we can confidently predict that the issues will be
resolved by the Court of Appeals in the not too distant future as the
many DirecTV cases wend their way through the courts.
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