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Dish Network v. Alverson



On July 16, 2008 federal criminal authorities , including personnel from the Federal Bureau of Investigation executed, search warrants at a residence in Paris, Texas, a business in Talihina, Texas, and a business inv Hugo, Oklahoma. From this raid, the federal criminal authorities recovered a significant amount of sales records related to Mr. Charles Groome ("Groome") and his businesses, FTA Electronics and Hugo TV & Computer.

Groome was in the business of selling DISH Network piracy devices; he was selling modified FTA receivers, FTA receivers that had been programmed with modified FTA card hack software.

The sales information obtained through the search warrants executed on Groome was ultimately shared with the Plaintiffs such that Plaintiffs came into possession of copies of records (the "Groome records"). In reliance upon those records and other information, and upon information and belief, Plaintiffs have set forth the allegations in this Complaint.

Specifically, the Groome records indicate that:

The Defendant purchased one E-Box-04 FTA receiver from Groome on or about May 16, 2007;

The Defendant paid Groome $1,090.00 for the E-Box-04 FTA receiver, a price indicative of the receiver having been programmed with modified FTA card hack software;

On or about August 7, 2007, it appears that the E-Box-04 recever was switched for a Neusat SP 6000 FTA receiver;

There was a software update performed on the Neusat SP 60000 FTA receiver by Groome; and

On or about May 23, 2008, there was a second software update performed on the Neusat 6000 FTA receiver by Groome.

The Defendant had been a paying subscriber of DISH Network but the Defendant terminated his account with DISH Network on or about May 24, 2007, shortly after he purchased his first device from Groome.


DISH Network, LLC et al v. Alverson
Filed: July 16, 2010 as 6:2010cv00255 Updated: July 20, 2010 02:52:26
Plaintiffs: DISH Network, LLC and EchoStar Technologies, LLC
Defendant: Paul Alverson
Presiding Judge: Frank H. Seay
Court: Tenth Circuit > Oklahoma > Eastern District Court
Type: Other Statutes > Cable/Satellite TV

Defendants Answer to the Complaint


ANSWER

Comes now the defendant, Paul Alverson, for his answer to the complaint of the plaintiff and states as follows:

1. Defendant is without sufficient information to admit or deny the allegations in paragraph 1 of the complaint.

2. The allegations of paragraph 2 of the complaint are denied.

3. Defendant is without sufficient information to admit or deny the allegations contained in paragraphs 3 and 4 of the complaint.

4. The allegations contained in paragraphs 5, 6 and 7 are admitted.

5. Defendant is without sufficient information to admit or deny the allegations contained in paragraphs 8 through 30 of the complaint.

6. With regard to paragraph 31 of the complaint the defendant is without sufficient information to admit or deny the contents of Groome’s records.

7. Defendant is without sufficient information to admit or deny the allegations of paragraph 32 of the complaint.

8. The allegations contained in paragraphs 33, 34 and 35 are denied.

9. Paragraph 36 of the complaint does not require an answer.

10. The allegations contained in paragraphs 37 through 40 are denied.

11. The allegations contained in paragraph 41 are admitted.

12. The allegations contained in paragraphs 42 through 46 of the complaint are denied.

13. Paragraph 47 of the complaint does not require an answer.

14. The allegations contained in paragraphs 48 through 51 are denied.

15. The allegations contained in paragraphs 52 through 55 are denied.


AFFIRMATIVE DEFENSES

1. Plaintiff’s sole remedy is under the cable statute. Plaintiff is not entitled to multiple remedies.

2. The Statute of Limitations has expired on plaintiff’s claims.

3. Defendant received no benefit from any services from plaintiff.

4. In the event defendant violated any federal statute the defendant is an innocent violator and is entitled to the benefit of the portion of the statute pertaining to innocent violator’s.


Wherefore, premises considered, defendant prays that the complaint against the defendant be dismissed, that judgment be entered in favor of the defendant and against the plaintiff and for such other relief as may be just.

_________________
Information and opinions expressed herein may not reflect those of the poster.

True FTA 39" Motorized Dish

STIPULATION OF DISMISSAL

COMES NOW the parties, by and through their respective attorneys of record, and pursuant to F.R.C.P. 41( a )( 1 )( A )( ii ) hereby submit this Stipulation of Dismissal With Prejudice of all claims of the Plaintiff against the Defendant. Each party is to bear his/its own attorney fees and costs herein.
Date: September 15, 2010.

_________________
Information and opinions expressed herein may not reflect those of the poster.

True FTA 39" Motorized Dish