[Ladybbird]

This report is circling some fta sites so I thought our members would like to read it. Looks like Echostar is going after end users.


Echostar is playing hardball with Viewsat now and going after end users. If you have a faulty receiver, be careful.


"On September 17, 2008, the Court convened a Settlement Conference in the above entitled action. Appearing were Mark Hamer, Esq., Chad Hagan, Esq., JJ Gee and Rob Frankel, client representatives on behalf of plaintiffs; David R. Clark, Esq., Manny Delacerra, Esq., Jung Kwak and Rob Rhine, client representatives on behalf of defendants.

The Court and counsel followed up on the settlement process discussed at the Early Neutral Evaluation Conference. There was also discussion about the preservation of evidence allegedly supporting the plaintiff’s claims and defendant’s defenses. While counsel work on a formal permanent
preservation plan, the Court imposes the following interim plan:

1. Starting September 22, 2008, defendant will preserve the chip from all of the units returned to defendant for repair or warranty work which are accompanied by a check in the approximate amount of $50.00. Defendant will assign a tracking number to each of these chips and record the unit’s serial number and the date of receipt for later transmission to plaintiffs. Defendant will also record the information associated with the person(s) or other entity that has returned the Unit for the subject work.

The production of that information will be dealt with by the Court at some future date;

2. By October 6, 2008, defendants will provide a report to plaintiff’s counsel regarding the
chips collected and plaintiff may proceed to purchase any or all of those at $23.00 per
Unit for forensic testing; and

3. The Court and counsel will review of the progress of this interim plan, and counsel’s
efforts to come up with a permanent preservation plan, at a telephonic Case Management
Conference set for October 24, 2008 at 10:00 a.m. Plaintiff’s counsel will initiate the
call.

In the interim, counsel have leave to take a Rule 30(b)(6) deposition of defendant’s representative
with regard to repair and warranty return protocols. No later than Monday, September 22, 2008,
plaintiff’s counsel will provide defendants with the Rule30(b)(6) deposition notice describing the
specific areas of inquiry involved. As this deposition is limited in scope and relates to the issue of
preservation of evidence, it is excluded from the limit of ten depositions aside under the Federal Rules.
Counsel are also required to conduct their Rule 26(f) conference and submit their joint discovery
plan by October 24, 2008. At the next conference, the Court will confirm a date for initial disclosures,
and set further dates and deadlines as appropriate."

Wonder if this action will happen on other receivers?



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