Dave has todo each case, no multiples in Ohio [Archive]

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colklink

June 11th, 2003, 05:11 PM

Taken from rockfordpi (TY rockford):

Judge smacks dtv's little fingers. Wants all cases to be as one, no grouping. If all judges would do this, the end user group will be spending some big bucks and alot of court time. No more walking in with a list of 100 on a peice of paper, all per this Judge in his court will be singled......... $150 per case!

C&P:

It appears a judge in Ohio has ordered with some STRONG words, most of the 44 cases filed there by direct TV against multiple defendants to be dismissed. The judge dismissed, with leave to DTV to file seperate actions, all cases there against every Defendant except the first one named. 44 cases will now have to be expanded to 320 at the rate of $150 each ($48,000).

Here is the Judges ruling if I may take the liberty of posting a link here: Ohio Genereal Order dated 6/05/03
http://wumarkus.com/dtv/files/

BuckeyeLover

June 11th, 2003, 06:30 PM

well if you would use the search engine you would have found the same thing... :)

http://www.dsschat.com/forum/showthread.php?s=&threadid=153618&highlight=ohio

SHWAGNES

June 12th, 2003, 05:20 AM

You can bet your a$$ DTV will refile the suits even if it has to be case by case in Ohio.

yellaboyla

June 12th, 2003, 07:42 AM

Well the bad thing about that is most those cases were near the 2 year SOL in the FP raids. If they file, they will have to justify files outside the SOL.

This comes directly from D"s mouth. Hence, the rush of suit at the end of May.

BuckeyeLover

June 12th, 2003, 10:26 AM

Well Ill keep you posted as to if or better to assume when they refile. I was one of the lucky 276 that got to dodge the first shot out of DTV's gun

krazy4davestv

June 12th, 2003, 10:40 AM

i do hope the judges in the other districts in ohio will take notice and force dtv to end this extortion campaign.

To The Real King!!

June 12th, 2003, 10:52 PM

Now that this has happened, lawyers in other districts can show the court documents and argue for it. Its unlikely that judges will pick it up on their own but thats why we have lawyers, to make these arguments.http://www.legal-rights.org/images/ttrk.gif
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lustinspace

June 13th, 2003, 12:13 AM

Since the suits were filed ontime initially, I doubt that the SOL will be an issue unless the new suits are not filed promptly (or unless Judge Dowd finds out how long the defied his order ). Since each of the new suits will have a reference to the original suit, case can be made that they are the same case, split up for tracking and financial purposes only, not for legal errors.
Now the big question is, "is Judge Dowd sufficiently pissed that he rejects all the cases for violating the SOL or anyway after they refile and keep the $48k in filing fees?" His ruling seems to be looking only at the monetary and workload aspect of his court, and made no mention of the SOL being waived or a timeframe for refiling- that can indicate that he didnt consider that to be his responsibility to control since dtv had two years to file and waited til the end to file a badly prepared case. If they dont have those cases refiled within a week I bet they find out how stubborn a judge he can be.
Some judges are fun to watch in action, I hope he is one of them!

crownvic

June 13th, 2003, 11:37 AM

Apparently what happened here is that The Plaintiff was told not to do this again by Judge Dowd and the chief Judge "Judge Paul R Matia" ordered this. They (DTV) hoped that they would draw a different Judge than "Judge Dowd" and this would be overlooked.
So this is not like they simply made a mistake,they were already warned and simply ignored it. It just goes to show you what happens when you PO a Judge,I am suprised they all didn't get dismissed because of the Plaintiff's defiance of "Judge Dowd". So the courts are looking at it like they are being deprived of revenue and credits which each Judge gets for resolving a case.
:)

krazy4davestv

June 13th, 2003, 08:59 PM

TTRK,
i have already forwarded a copy of the judges ruling to my attorney.;)