Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

DIRECTV, INC. v. WILSON

United States District Court, N.D. Illinois


May 11, 2004.

DIRECTV, INC., Plaintiff,
v.
RANDY L. WILSON, et al., Defendants

The opinion of the court was delivered by: JOHN GRADY, Senior District Judge

MEMORANDUM OPINION

Before the court is defendant Randy L. Wilson's motion to dismiss Counts III and V of the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The motion is granted for the reasons explained below.

A. Count III (Violation of 18 U.S.C. § 2512)

  Plaintiff Directv, Inc. ("Directv") filed this suit, alleging that defendants purchased and used devices designed to pirate Directv's satellite television signals. In Count III of the complaint, Directv alleges that defendants "possessed, manufactured, and/or assembled an electronic, mechanical or other device knowing, or having a reason to know" that the device was designed primarily for intercepting satellite television broadcasts, in violation of § 2512 of the Electronic Communications Privacy Act, 18 U.S.C. § 2512. Defendant Wilson argues that § 2512 does not provide for a private cause of action. Courts in this district are split on the issue. Compare, e.g., Directv, Inc. v. Hinton, No. 03 8477, 2004 WL 856555 (N.D. Ill. Apr. 21, 2004) (Darrah, J.) (no cause of action); Directv v. Frey, No. 03 C 3476, 2004 WL 813539 (N.D. Ill. Apr. 14, 2004) (Zagel, J.) (no cause of action); Directv, Inc. v. Hauser, No. 03 C 8396, 2004 WL 813628 (N.D. Ill. Apr. 13, 2004) (Moran, J.) (no cause of action); Directv, Inc. v. Maraffino, No. 03 C 3441, 2004 WL 170306 (N.D. Ill. Jan. 23, 2004) (Lefkow, J.) (no cause of action); Directv, Inc. v. Castillo, No. 03 C 3456, 2004 WL 783066 (N.D. Ill. Jan. 2, 2004) (St. Eve, J.) (no cause of action); Directv, Inc. v. Delaney, No. 03 C 3444, Memorandum Opinion (Nov. 20, 2003) (Kocoras, C.J.) (no cause of action); and Directv, Inc. v. Westendorf, No. 03 C 50210, 2003 WL 22139786 (N.D. Ill. Sept. 16, 2003) (Reinhard, J.) (no cause of action) with Directv, Inc. v. Dillon, No. 03 C 8578, 2004 WL 906104 (N.D. Ill. Apr. 27, 2004) (Aspen, J.) (cause of action); Directv, Inc. v. Dyrhaug, No. 03 C 8389, 2004 WL 626822 (N.D. Ill. Mar. 26, 2004) (Shadur, J.) (cause of action); and Directv, Inc. v. Gatsiolis, No. 03 C 3534, 2003 WL 22111097 (N.D. Ill. Sept. 10, 2003) (Coar, J.) (cause of action).

  We agree with the majority of judges in this district that there is no private right of action under § 2512, and we adopt the analysis of Judge Lefkow in Maraffino, 2004 WL 170306, at *1-3. Accordingly, Count III of the complaint will be dismissed with prejudice.

 B. Count V (Conversion)

  Wilson contends that Count V also should be dismissed because a cause of action for conversion cannot lie for intangible satellite signals over which defendants are not alleged to have assumed full control. Courts in this district are split on this issue as well. Compare Hinton, 2004 WL 856555 (no cause of action); Frey, 2004 WL 813539 (no cause of action); Maraffino, 2004 WL 170306 (no cause of action); Castillo, 2004 WL 783066 (no cause of action); and Directv, Inc. v. Patel, No. 03 C 3442, 2003 WL 22682443 (N.D. Ill. Nov. 12, 2003) (Coar, J.) (no cause of action) with Dillon, 2004 WL 906104 (cause of action); Hauser, 2004 WL 813628 (cause of action); Dyrhaug, 2004 WL 626822 (cause of action); and Delaney (cause of action).

  We believe that because Directv is not alleged to have been deprived of the continued use of its satellite signals, nor are the defendants alleged to have assumed full control of those signals, plaintiff has failed to state a claim for conversion. On this issue, we again adopt the analysis of Judge Lefkow in Maraffino, 2004 WL 170306, at *4. Accordingly, Count V of the complaint will be dismissed with prejudice. CONCLUSION

  For the foregoing reasons, defendant Randy L. Wilson's motion to dismiss Counts III and V of the complaint is granted. Counts III and V are dismissed with prejudice.

20040511

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.