National Rural Telecommunications Cooperative v. Directv, Inc.

Good Law

319 F. Supp. 2d 1040·2003 WL 23521328·2003 U.S. Dist. LEXIS 25373

United States District Court, Central District of CaliforniaMay 22, 2003CV 99-5666 LGB(CWX), CIV 00-8672 LGB, CV 00-00368 LGB, CIV 01-6220 LGB, CV 00-2117 LGBCalifornia8,254 words

Opinion

Baird, J.

ORDER GRANTING IN PART AND DENYING IN PART DIRECTV’S SUMMARY JUDGMENT MOTION NO.

I. INTRODUCTION

This matter involves five cases dealing with DIRECTV, Inc. (“DIRECTV”) that have been consolidated before this Court. Presently before the Court are four summary judgment motions filed by DIRECTV. By this. Order, the Court addresses DIRECTV’s first summary judgment motion dealing with the issues of limitation of liability and the vesting of the contingent right to substitute Premium Services. in case nos. 99-5666 and 99-8672.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

In April of 1992, the National Rural Telecommunications Cooperative (“NRTC”) entered into an agreement, the DBS Distribution Agreement (“DBS Agreement” or “Agreement”), with DI RECTV’s predecessor-in-interest, Hughes Communications ■ Galaxy, Inc. (“HCG”). Declaration of Alexander Pilmer in Support of DIRECTV’S Summary Judgment Motions (“Pilmer Decl”), Exh. 10, Agreement. Under the Agreement, HCG agreed to provide NRTC with the rights to the Premium Services. Declaration of Michelle Morris King in Support of NRTC’s Opposition to DIRECTV’S Summary Judgment Motions (“King Decl.”), Exh. 193, Ramo Depo.…

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