Warnick v. Dish Network, LLC, No. 1:2012cv01952 - Document 275 (D. Colo. 2015)

Court Description: ORDER AND FINAL JUDGMENT that the Stipulation and Motion For Order Regarding Findings of Fact, Conclusions of Law, and Final Entry of Judgment ECF No. 274 is GRANTED. it is ORDERED that the Final Trial Preparation Conference set on March 11, 201 5, at 3:00 p.m. and the trial set to commence on March 23, 2015, are VACATED. It is FURTHER ORDERED that Plaintiffs motions in limine filed on February 9, 2015 ECF Nos. 269 and 270 are DENIED AS MOOT. It is THEREFORE ORDERED, ADJUDGED, and DE CREED that judgment be, and is hereby, entered as follows: Defendant is ordered to pay Plaintiff $500 per violation of the TCPA, for a total of $2,500.00. 47 U.S.C. § 227(c)(5)(b). All relief not expressly granted herein is denied, by Judge Wiley Y. Daniel on 2/18/2015. (evana, )

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Warnick v. Dish Network, LLC Doc. 275 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Wiley Y. Daniel Civil Action No. 12-cv-01952-WYD-MEH SETH WARNICK, on behalf of himself and all others similarly situated, Plaintiffs, v. DISH NETWORK L.L.C., Defendant. ORDER AND FINAL JUDGMENT THIS MATTER is before the Court on the Parties' Stipulation and Motion For Order Regarding Findings of Fact, Conclusions of Law, and Final Entry of Judgment filed on February 17, 2015. The Parties jointly move therein for the Court to make findings of fact and conclusions of law, and for final entry of judgment, based on the Court’s September 30, 2014 Order on Summary Judgment (ECF No. 245) and the Parties' stipulations as to certain additional factual issues. Having reviewed the Stipulation and Motion and being fully advised in the premises, it is ORDERED that the Stipulation and Motion For Order Regarding Findings of Fact, Conclusions of Law, and Final Entry of Judgment (ECF No. 274) is GRANTED. Accordingly, it is ORDERED that the Final Trial Preparation Conference set on March 11, 2015, at 3:00 p.m. and the trial set to commence on March 23, 2015, are VACATED. It is Dockets.Justia.com FURTHER ORDERED that Plaintiff’s motions in limine filed on February 9, 2015 (ECF Nos. 269 and 270) are DENIED AS MOOT. It is FURTHER ORDERED that in light of the Parties’ Stipulation and all other evidence and arguments submitted by the Parties, I make the following findings of fact and conclusions of law: 1. Defendant DISH Network L.L.C. ("Defendant") violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. ("TCPA") five (5) times by making five (5) payment reminder calls to Plaintiff's cellular telephone number. It is THEREFORE ORDERED, ADJUDGED, and DECREED that judgment be, and is hereby, entered as follows: 2. Defendant is ordered to pay Plaintiff $500 per violation of the TCPA, for a total of $2,500.00. 47 U.S.C. § 227(c)(5)(b). All relief not expressly granted herein is denied. Dated: February 18, 2015. BY THE COURT: /s/ Wiley Y. Daniel WILEY Y. DANIEL, SENIOR UNITED STATES DISTRICT JUDGE -2-

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