United States District Court, C.D. Illinois, Springfield Division
UNITED STATES OF AMERICA and the STATES of CALIFORNIA, ILLINOIS, OHIO, and NORTH CAROLINA, Plaintiffs,
DISH NETWORK, LLC, Defendant.
MYERSCOUGH UNITED STATES DISTRICT JUDGE
matter came before the Court on February 13, 2018 for a
status hearing for Defendant Dish Network, LLC's (Dish)
Notice of Hearing Request (d/e 847) (Dish Notice) pursuant to
Section I of the Amended Order for Permanent Injunction (d/e
822) (Injunction Order). Plaintiff United States appeared by
Assistant U.S. Attorneys Lisa Hsiao and Patrick Runkle;
Plaintiff State of California appeared by Assistant Attorney
General Jinsook Ohta; Plaintiff State of Illinois appeared by
Assistant Attorneys General Paul A. Isaac and Elizabeth
Blackston; Plaintiff State of Ohio appeared by Assistant
Attorneys General Jeffrey Loeser and Erin Leahy; and
Plaintiff State of North Carolina appeared by Assistant
Attorney General Teresa Townsend. Federal Trade Commission
Attorneys Russell Deitch and Gary Ivens also appeared.
Defendants appeared by their attorneys Elyse Echtman, John
Ewald, and Lauri Mazzuchetti. Dish in-house attorneys
Lawrence Katzin and Brett Kitei also appeared at the
I of the Injunction Order directed Dish to prove the
Demonstration Requirements to the Plaintiffs to the
Plaintiffs' satisfaction within 120 days of the Effective
Date of the Injunction Order, or October 3, 2017. Injunction
Order at 12. Dish provided its proof to the Plaintiffs
on October 3, 2017 (October 3, 2017 Evidence). See Dish
Network L.L.C.'s Notice of Telemarketing Compliance Plan
(d/e 829). The Injunction Order directed the Plaintiffs
to notify the Court if they were not satisfied. The
Plaintiffs did so Friday February 2, 2018.
Plaintiffs' Notice of Dish's Failure to Meet this
Court's Demonstration Requirements (d/e 844)
(Plaintiffs' Notice). The Plaintiffs' Notice
included expert opinions of Dr. Erez Yoeli and Norman
D'Amours. Plaintiffs' Notice, Appendices A
and B, Declarations of Norman D'Amours and Dr. Erez
Yoeli. Dish then had two business days to request a
hearing. Injunction Order, § I, at 12. Dish did
so on Tuesday February 7, 2018. Dish Notice. The
Injunction Order stated that the hearing would be held within
30 days and no discovery would be taken prior to the hearing.
Dish has the burden of proof at the hearing to prove the
Demonstration Requirements to the Court. Injunction
Order, at 13.
Court called the Status Hearing to discuss the hearing
(Hearing) to be held pursuant to the Dish Notice. The Court
explained to the parties that the prohibition on discovery
did not limit the evidence that Dish could produce at the
Hearing to just the October 3, 2017 Evidence. Dish may
produce additional evidence to clarify or expand upon the
October 3, 2017 Evidence. The additional evidence may include
rebuttal expert witnesses to respond to the opinions of
Plaintiffs' experts Dr. Yoeli and D'Amours. The Court
decided at the Status Hearing to allow expert discovery prior
to the Hearing, including expert discovery requests and
expert depositions. The Court further determined that the
parties would need more than 30 days to conduct expert
discovery and prepare for the hearing.
Court and the parties discussed the timing of the hearing.
The Plaintiffs estimated a hearing of eight to nine hours of
court time for their presentation. Dish estimated a hearing
would take two weeks of court time. The Court and the parties
discussed holding the hearing sometime during the second half
of June and the first week of July 2018. The Court directed
the parties to determine the availability of parties and
witnesses during that time.
Court ordered the following schedule:
The parties shall report by February 16, 2018, the
availability of witnesses and parties during the period
beginning the week of June 17, 2018 through the first week of
Plaintiffs shall provide Dish with the facts and data
underlying the opinions of Dr. Yoeli and D'Amours by
February 22, 2018.
Dish shall disclose to the Plaintiffs all additional
witnesses and documents that Dish intends to present at the
Hearing by April 16, 2018.
Dish shall disclose rebuttal expert reports by April 16,
Dish shall disclose the facts and data underlying the
rebuttal opinions by April 26, 2018.
The parties shall file all pre-hearing motions by May 1,
The parties shall complete all expert discovery, including
expert depositions, by May 21, 2018. . The
parties shall file simultaneous pre-Hearing briefs on June 1,
The parties shall file simultaneous post-Hearing briefs two