KRAKAUER v. DISH NETWORK L.L.C.
| North Carolina Middle District Court | |
| Judge: | Catherine C Eagles |
| Referred: | Joi Elizabeth Peake |
| Case #: | 1:14-cv-00333 |
| Nature of Suit | 490 Other Statutes - Cable/Sat TV |
| Cause | 47:0227 Telephone Consumer Protection Act |
| Case Filed: | Apr 18, 2014 |
| Terminated: | Aug 24, 2018 |
| Last checked: Sunday Dec 14, 2014 7:43 PM EST |
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Defendant
DISH NETWORK L.L.C.
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Represented By
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Mediator
THOMAS C. DUNCAN
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Plaintiff
THOMAS H. KRAKAUER
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Represented By
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GPO
Sep 08 2015
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 9/8/2015; that the motion to exclude expert report, (Doc. 57), is DENIED. (Sheets, Jamie) |
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GPO
Sep 09 2015
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 09/09/2015; that the motion for class certification, (Doc. 47), is GRANTED. (Garland, Leah) |
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GPO
May 22 2017
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 5/22/2017 as set out herein. (Sheets, Jamie) |
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GPO
Jun 06 2017
MEMORANDUM OPINION AND ORDER. Signed by JUDGE CATHERINE C. EAGLES on 6/6/2017, that Dish Network's motion for judgment as a matter of law (Doc. 318) and motion for a new trial (Doc. 320) are DENIED. (Daniel, J) |
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GPO
Jul 27 2017
MEMORANDUM OPINION AND ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/27/2017, that the defendants motion for post-trial procedures, Doc. 329, and the plaintiffs requests for post-trial procedures, Doc. 331, are GRANTED in part and DENIED in part as stated herein. The parties shall confer as directed and file such motions and submissions as are required by this order, as summarized in the Appendix. Unless stated otherwise in this order, the time frame and word limits for briefing are those set forth in the Local Rules. For all matters where joint submissions are required, the joint submission shall specifically state areas of agreement and disagreement and shall include proposed orders, if applicable. If the parties do not reach full agreement, each party may file a brief at the time of the joint submission addressing areas of disagreement. In view of the degree of advance consultation required, the Court expects the parties to address all issues in the initial briefs, which are limited to 6,000 words. The parties may file short response briefs no longer than 2500 words within ten days, if necessary, and no reply briefs are allowed.(Daniel, J) |
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GPO
Oct 03 2017
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 10/3/2017; that the defendant DISH Network's motion for judgment as a matter of law and remittitur, Doc. 346, is DENIED. (Sheets, Jamie) |
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GPO
Mar 14 2018
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 3/14/2018; that to the extent the defendant's motion for reconsideration is based on alleged contradictions in the existing data supported by newly reorganized evidence, Doc. 423 at Section B, it is DENIED. It is otherwise held open for conclusion of the briefing. (Sheets, Jamie) |
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GPO
Sep 12 2018
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 9/12/2018; that the plaintiff's motion to overrule and strike Dish's objections, Doc. 478, is GRANTED in part and DENIED in part as set out herein. (Sheets, Jamie) |
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GPO
Dec 03 2018
MEMORANDUM OPINION AND ORDER, signed by JUDGE CATHERINE C. EAGLES on 12/3/2018 that; Class counsel's motion for attorney's fees, expenses, and a class representative award, Doc. 460, is GRANTED in part and DENIED in part. The Court awards Class Counsel an attorney's fee of $20,447,600, to be paid from the final judgment awarded to the class. The Court awards Class Counsel expenses of $481,317.73, which are to be paid from the final judgment awarded to the class. The Court denies the plaintiffs' motion to the extent it seeks a class representative award for Dr. Krakauer. (Sheets, Jamie) |
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GPO
Jul 10 2019
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 7/10/2019; Plaintiffs' objection to the Special Master's final report, Doc. 498 is OVERRULED; Dish's objections to the Special Master's final report, Doc. 502, are OVERRULED. A disbursement order will be entered at the appropriate time. (Sheets, Jamie) |
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GPO
Dec 23 2019
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 12/23/2019. The attorneys' fee of $20,447,600 and costs of $481,317.73 that were previously awarded (Doc. 495) should be paid from the judgment, and the remaining $40,413,882.27 less any intervening expenses, should be divided between all the class members, pro rata per phone call. FURTHER, that Class Counsel shall share with counsel for Dish a proposed order directing the Clerk to disburse these funds as set herein. (Daniel, J) |
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GPO
Feb 13 2020
FINAL DISBURSEMENT ORDER TO CLASS MEMBERS. Signed by JUDGE CATHERINE C. EAGLES on 2/13/2020. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Marsh, Keah) |
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GPO
Oct 27 2020
e heard or heard further as to that appointment. (Garland, Leah)MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 10/27/2020, that: 1. The defendant's motion regarding disposition of unclaimed funds, Doc. 580, asking that all unclaimed funds revert to Dish is DENIED. 2. The plaintiff's motion for entry of an order governing disposition of undisbursed class funds, Doc. 577, is DENIED in part, to the extent it suggests escheat to state governments, and otherwise is held open for the Court to decide between cy pres and federal escheat. 3. Notice is given pursuant to Federal Rule of Civil Procedure 53(b)(1) of the intent to appoint a special master and the matter is held open for seven business days in case any party wishes to b |
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GPO
Apr 29 2021
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 4/29/2021; that the plaintiff's motion for entry of an order governing disposition of undisbursed class funds, Doc. 577, is GRANTED in part; all unclaimed judgment funds will be disbursed to cy pres recipients; $10,550,000 will be disbursed shortly by separate order to recipients recommended by the special master in the amounts stated herein; and additional unclaimed judgment funds, if any, will be disbursed to appropriate cy pres recipients by later orders after the amounts become known and settled. (Sheets, Jamie) |
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GPO
May 21 2021
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 5/21/2021; that the defendant's motion to stay execution of judgment pending appeal, Doc. 623, is GRANTED in part and DENIED in part as follows: The Court's order directing the Clerk to transfer $10,550,000 to the KCC, the claims administrator, for disbursement to cy pres recipients is STAYED pending appeal. The Court's orders directing KCC to disburse judgment funds to class members, Docs. 607, 560, are NOT STAYED. Those disbursements shall proceed. (Sheets, Jamie) |
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GPO
Aug 15 2023
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE CATHERINE C. EAGLES on 08/15/2023, The joint motion for approval of a class actions settlement, Doc. 662, is GRANTED. The Clerk SHALL promptly disburse to Defendant DISH Network L.L.C. $6,000,000 from the judgment fund within ten business days of the date of this Order. The Clerk SHALL wire those funds to DISH per the account information provided by DISH's counsel Richard Keshian. Upon its receipt of the $6,000,000 disbursed from the judgment fund, DISH SHALL promptly notify the Fourth Circuit clerk. The remainder of the unclaimed judgment funds (in the amount of approximately $16,500,000) will be disbursed to cy pres recipients as ordered by the Court at the appropriate time and under the procedures set forth in the Court's July 27, 2023, Order. See Doc. 665. (Bowers, Alexis) |
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GPO
Oct 11 2023
MEMORANDUM OPINION AND ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/11/2023, that unclaimed judgment funds of $11,042,671 will be disbursed to cy pres recipients, as recommended by the special master. A separate Disbursement Order will be entered shortly. The remaining unclaimed judgment funds will be disbursed to appropriate cy pres recipients by later orders after the special master files further recommendations. (Bowers, Alexis) |
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GPO
Mar 29 2024
MEMORANDUM OPINION AND ORDER,signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 3/29/24, that unclaimed judgment funds in the amount of $5,998,135 will be disbursed to cy pres recipients along the lines recommended by the special master. A separate Supplemental Disbursement Order will be entered. (cb) |
| 1. | Did Dish Network telemarketer call you? You could get $1,200 from lawsuit (usatoday.com) |
| Submitted Tue 05/08/2018 | |
| Docket last updated: 4 hours ago |
| Monday, June 24, 2024 | ||
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order
Order
Mon 06/24 2:57 PM
TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 6/24/24. Within ten days of the date of this Order, the Court Clerk will wire $13,427.71 from the judgment in this case directly to KCC, according to the electronic transfer instructions filed separately under seal, to reimburse KCCs expenses and fees through May 31, 2024, as shown in the declaration at Doc. 685.(rw) |
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| Friday, June 21, 2024 | ||
| 685 | 685
misc
Declaration
Mon 06/24 1:05 PM
DECLARATION of Derek Smith Regarding Administration Costs. (rw) |
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