Opinion
No. CV03-5030 RBL
January 30, 2003
YARMUTH WILSDON CALFO PLLC, Scott T. Wilsdon, Deborah T. Boylston, Attorneys for Plaintiff DIRECTV, Inc.
[PROPOSED] ORDER GRANTING PLAINTIFF'S APPLICATION FOR PRELIMINARY INJUNCTION
THIS MATTER comes before the Court upon plaintiff DIRECTV, Inc.'s Application for a Preliminary Injunction enjoining certain activities of defendants. Having reviewed the materials submitted, and having heard oral argument at the hearing held
January 30, 2003, and being fully advised, the Court hereby GRANTS plaintiff
DIRECTV's application as follows:
1. The Court finds upon the record submitted by DIRECTV in support of its underlying Application for a Temporary Restraining Order and Order to Show Cause, as supplemented by DIRECTV, that DIRECTV has shown a likelihood of success on the merits and irreparable harm absent the relief sought from this Court. Pursuant to Federal Rule of Civil Procedure 65(b), the Digital Millenium Copyright Act, 17 U.S.C. § 1203(b)(1), and the Federal Communications Act, 47 U.S.C. § 605(e)(3)(B)(i), the Court hereby ENJOINS defendants James Bryant Burchard, JRC Burchard, Inc., doing business as "Budget Satellite Computer," Advanced Digital Systems and Charles Scott Burchard (the "Burchard defendants") and any persons or entities controlled directly or indirectly by them as follows:
(a) The Burchard defendants are hereby enjoined and restrained from contacting or attempting to contact any current or former DIRECTV subscribers, or persons or businesses for whom the Burchard defendants have installed DIRECTV satellite receiving equipment, regarding their satellite services or equipment;
(b) The Burchard defendants and any persons or entities controlled directly or indirectly by them, are hereby enjoined and restrained from removing, modifying, destroying or in any way tampering with any DIRECTV satellite receiving equipment installed by them, including without limitation any DIRECTV Access Cards; and
(c) The Burchard defendants and any persons or entities controlled directly or indirectly by them, are further enjoined and restrained from collecting or attempting to collect from third parties any subscription or other fees for DIRECTV satellite television services or equipment.
2. This Preliminary Injunction takes effect immediately and shall remain in effect pending the trial in this action or further order of this Court.
3. The $1000.00 bond posted by plaintiff DIRECTV shall remain in place and shall satisfy any claims relating to the Preliminary Injunction.