United States v. Dish Network, LLC, 80 F. Supp. 3d 917

Dish Network L.L.C.'s Limited Motion for Reconsideration challenges Opinion 445 (Dec 11, 2014) on Count I and Count VI.
Opinion 445 granted partial summary judgment for 1,707,713 calls to the Registry and related calls, and for Retailer- and vendor-related liability, while finding issues of fact on others.
TSR prohibits outbound calls to numbers on the Do-Not-Call Registry; do-not-call requests must be honored by Dish or its agents.
Yoeli and Taylor offered competing analyses of the 2007-2010 call records; key dispute centers on agency with Retailers and scope of do-not-call obligations.
The Court previously held there were no issues for certain calls but allowed reconsideration regarding the 2,386,386 internal-list calls, and retained factual disputes.
Reconsideration vacates the liability finding for the 2,386,386 calls in Count I but preserves other partial-s JCJL judgments and Count VI rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 2,386,386 calls are liable under TSR	US contends all calls to Registry/internal lists violate TSR.	Dish argues agency and evidence issues with Retailers negate liability.	Issues of fact exist; liability not established at summary judgment.
Whether Dish must honor do-not-call requests to Retailers	Agency with Retailers imposes obligations to honor requests.	Agency with Retailers is disputed; may negate obligation.	Issues of fact exist; agency status unresolved.
Whether prerecorded calls (Count VI) had existing business relationship	EBR existence affects legality of prerecorded calls.	Concession that calls targeted existing customers does not resolve EBR defense; disputes remain on EBR applicability.	No manifest error; factual disputes remain on EBR.

Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (burden and summary judgment standard under Celotex)
Caisse Nationale de Credit Agricole v. CBI Industries, Inc., 90 F.3d 1264 (7th Cir. 1996) (limited function of motions for reconsideration)