ORDER - The Court DENIES Defendants' 103 Motion for Sanctions, finding that neither DirecTV nor its counsel engaged in any sanctionable conduct relating to the second deposition of DirecTV's Rule 30(b)(6) witness. The Court GRANTS IN PART DirecTV's 79 Motion for Summary Judgment, to the extent that it finds that MCI is liable as a matter of law for violating Â§ 605. The Court DENIES IN PART DirecTV's 79 Motion for Summary Judgment, to the extent that it finds that genuine issues of material fact preclude summary judgment on DirecTV's vicarious liability claim against Victor Spina and William Spina under Â§ 605. The Court DENIES IN ITS ENTIRETY Defendants' 106 Cross-Motion for Summary J udgment. The claims remaining in this action are: (1) vicarious liability for violation of 47 U.S.C. Â§ 605 against Victor Spina and William Spina; and (2) violation of 18 U.S.C. Â§ 2511 against all Defendants. Additionally, the issue of what damages DirecTV is entitled to for MCI's violations of 47 U.S.C. Â§ 605 remains. The Court requests that the Magistrate Judge confer with the parties to address the possibility of an agreed resolution, or to establish a schedule for trial. No partial final judgment shall issue at this time. (See Order.) Signed by Judge Jane Magnus-Stinson on 8/30/2016. (GSO) Modified on 8/31/2016 (GSO).
ORDER - The Court OVERRULES Defendants' 97 Objection to Report and Recommendation on Plaintiff's Motion to Strike and for Sanctions to the extent that it ADOPTS the Magistrate Judge's 88 Report and Recommendation except for the basis for sanctions, which the Court finds are more properly imposed pursuant to Fed. R. Civ. P. 30(d)(2) rather than the Court's inherent power. The Court GRANTS DirecTV's 56 Motion to Strike and for Sanctions to the extent that abse nt an agreement by the parties to use portions of Mr. Spencer's deposition, Mr. Spencer's deposition is STRICKEN. The Court also GRANTS DirecTV's 56 Motion to Strike and for Sanctions to the extent that it finds DirecTV is entitle d to its fees and costs in connection with the motion. The Court ORDERS that, within 14 days of the date of this Order, DirecTV shall either submit a Fee Petition, or shall file a Report advising that it is only seeking the fees and costs set fort h in the Declaration of Attorney Christopher J. Hufnagel, [Filing No. 56-1]. Defendants shall have 7 days from the date of DirecTV's filing of a Fee Petition or Report to respond. No reply is necessary. The Court OVERRULES MCI's 98 Obj ection and Motion for Reconsideration of Report and Recommendation on Plaintiff's Motion to Dismiss and ADOPTS the Magistrate Judge's 89 Report and Recommendation in full. The Court GRANTS DirecTV's 68 Motion to Dismiss Amended Counterclaim and DISMISSES WITH PREJUDICE MCI's breach of contract counter-claim. As set forth in the Court's January 7, 2016 Order, the deadline for Defendants to file a Motion for Summary Judgment, and to file a response to DirecTV's Motion for Summary Judgment, is 30 days from the date of this Order. (See Order.) Signed by Judge Jane Magnus-Stinson on 6/3/2016. (GSO)
REPORT AND RECOMMENDATIONS re 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to ECF document #59, Amended Counterclaim filed by DIRECTV, LLC. Signed by Magistrate Judge Tim A. Baker on 3/16/2016.(SWM)
REPORT AND RECOMMENDATIONS re 56 MOTION to Strike deposition transcript of non-party witness Craig Spencer and MOTION for Sanctions filed by DIRECTV, LLC. Signed by Magistrate Judge Tim A. Baker on 3/16/2016.(SWM)
ORDER ADOPTING 42 REPORT AND RECOMMENDATION. The Magistrate Judge submitted his Report and Recommendation on two pending motions to dismiss. Defendants Victor and William Spinas' motion to dismiss [Filing Nos. 15, 35] be granted in part and denied in part, such that DirecTV's conversion claim should be dismissed and the interception claim should proceed forward. As to DirecTV's motion to dismiss MCI's counterclaims [Filing No. 22] the Magistrate Judge recomme nded that the motion should be granted. MCI's tortious interference with business relationship and abuse of process claims should be dismissed with prejudice. MCI's breach of contract claim should be dismissed without prejudice. The partie s were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Signed by Judge Jane Magnus-Stinson on 8/27/2015. (BGT)
AMENDED REPORT AND RECOMMENDATIONS re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT/COUNTERCLAIM-PLAINTIFFS COUNTERCLAIMS IN THEIR ENTIRETY filed by DIRECTV, LLC, 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VICTOR A SPINA, MARTINSVILLE CORRAL, INC. and WILLIAM SPINA. This entry is being amended to substitute the word "granted" for "dismissed" on page 8, at the conclusion o f the discussion on the tortious interference with business relationship claim. The purpose of this amendment is to clarify the wording, not to substantively change the entry. As a result, the 14-day objection period should not be extended. Signed by Magistrate Judge Tim A. Baker on 8/11/2015.(SWM)