Dish DEs Again Seek Partial Summary Judgment in Auction 97 Fraud Suit
Pointing to a lengthened discovery schedule, Dish Network designated entities Northtar Wireless and SNR Wireless are asking the U.S. District Court for the District of Columbia for permission to refile a motion for partial summary judgment regarding Vermont National Telephone…
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(VTEL) and DOJ allegations of fraud in the FCC's Auction 97. "Addressing the question of actual damages now, before millions of dollars more are spent on discovery, makes good sense," the defendants told the court this week in a motion for leave to reflie (docket 1:15-cv-00728). The DEs said that while the court in September denied a previous motion for partial summary judgment, the scheduling order at that time anticipated only a short time left in discovery. The deadline for discovery has since moved from March 6 to June 6, giving more time for relator VTEL "to impose enormous costs on defendants, third parties, and the United States, via expansive discovery that relator justifies on the ground that this case could result in 'billions of dollars' in actual damages," they said. Resolving the actual damages issue promptly "would enable the parties to avoid the cost and other burdens of expert discovery" concerning that actual damages theory, they said.