Pegasus Satellite Television, Inc. v. DirecTV, Inc.
Opinion
Opinion
Baird, J.
ORDER GRANTING DIRECTV’S MOTION TO DISMISS PEGASUS’ REMAINING CLAIMS; GRANTING PEGASUS’ MOTION TO DISMISS THE COUNTERCLAIMS OF DIRECTV; DEEMING DIRECTV’S MOTION FOR RECONSIDERATION MOOT
1. INTRODUCTION
This Order arises out of contractual disputes between Plaintiffs Pegasus Satellite Television, Inc. and Golden Sky Systems, Inc. (together “Pegasus”) and Defendants DirecTV, Inc. and Hughes Communications Galaxy, Inc. (together “DirecTV”). DirecTV has filed a Motion to Dismiss Pegasus’ Remaining Claims and a Motion to Reconsider the Court’s October 29, 2001 Order Denying DirecTV’s Motion for Summary Judgment. Pegasus has concurrently filed a Motion to Dismiss DirecTV’s Counterclaims. Due to the overlapping issues raised by these three motions, the Court will address them together in this Order.
II. FACTUAL AND PROCEDURAL HISTORY
A. Factual History
On April 10, 1992, DirecTV and the National Rural Telecommunications Cooperative (“NRTC”) entered into the DBS Distribution Agreement (“DBS Agreement”). See Eisen Deck, Exh 12, at 218. The DBS Agreement provides that NRTC has exclusive and non-exclusive rights to distribute programming and services offered by DIRECTV in NRTC’s area of…