National Rural Telecommunications Cooperative v. DIRECTV, Inc.

ORDER DENYING PEGASUS’ MOTION TO INTERVENE

I. INTRODUCTION

Non-parties Pegasus Satellite Television, Inc. and Golden Sky Systems, Inc. (together, “Pegasus”) move to intervene in Case Nos. 99-5666 & 99-8672 (the “NRTC Actions”) for the limited purpose of objecting to the settlement of those actions. Pega sus alleges that the basis for its motion to intervene is that the parties to the NRTC Actions, DIRECTV, Inc. and Hughes Communications Galaxy, Inc. (jointly “DIRECTV”) and the National Rural Telecommunications Cooperative (“NRTC”), have executed a contingent settlement agreement which allegedly affects Pegasus’ interest without its consent.

II. FACTUAL AND PROCEDURAL BACKGROUND

As a preliminary matter, the Court notes that several separate cases involving DIRECTV, NRTC, Pegasus, and the Class have been consolidated before this Court. Pegasus’ motion deals solely with intervention in Case Nos. 99-5666 & 99-8672 (the “NRTC Actions”). The factual and procedural history of these cases are lengthy; the Court only refers to the facts and procedural history that is directly relevant to this Order.

A. The Parties to the Consolidated Actions

NRTC, DIRECTV, Pegasus, and the Class are…