Free Amended Document - District Court of Colorado - Colorado

Case 1:01-cv-00739-JLK

Document 68

Filed 04/14/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-739-JLK

ECHOSTAR SATELLITE CORPORATION, a Colorado corporation; ECHOSTAR COMMUNICATIONS CORPORATION, a Nevada corporation; and ECHOSPHERE CORPORATION, a Colorado corporation, Plaintiffs v. ULTRAVIEW SATELLITE, INC., a Texas corporation, WAYNE J. WICKLINE, an individual and d/b/a PRIME SATELLITE SERVICE CO., ALVIN BUSH, an individual and d/b/a PRIME SATELLITE and PRIME SATELLITE SERVICE CO., Defendants

AMENDED STATUS REPORT

Plaintiffs, EchoStar Communications Corporation, EchoStar Satellite Corporation and Echosphere Corporation, file this Amended Status Report in compliance with this Court's April 3, 2006 Minute Order. Plaintiffs file this Amended Status Report because Plaintiffs have had further contact with counsel listed as counsel for the Defendants (see ¶ 15) and to clear up the entity names filing the report as Plaintiffs (the status report mistakenly listed "DISH Network Service Corporation," rather than Echosphere Corporation as one of the filing Plaintiffs) 1. Plaintiffs filed this action on April 19, 2001 against (a) Ultraview Satellite, Inc.; (b)

Wayne J. Wickline, individually and d/b/a Prime Satellite Service Co.; (c) Alvin Bush, individually

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and d/b/a Prime Satellite and Prime Satellite Service Co.; (d) Prime Satellite, Inc.; and (e) Darrell Hayes. 2. 3. 4. 5. On December 11, 2001, Plaintiffs dismissed Prime Satellite, Inc. from this case. On April 2, 2002, Plaintiffs dismissed Darrell Hayes from this case. On January 22, 2003, this Court issued a Stipulated Scheduling and Discovery Order. On May 16, 2003, this Court issued a default judgment against Alvin Bush,

individually, for $377,037.25 plus post-judgment interest at a rate of 1.23%. 6. Pursuant to the Stipulated Scheduling and Discovery Order, all parties were joined

prior to June 6, 2003. 7. Pursuant to the Stipulated Scheduling and Discovery Order, all amended pleadings

were filed by June 6, 2003. The remaining defendants are Ultraview Satellite, Inc., Prime Satellite, Inc., and Wayne Wickline. 8. 9. 10. 11. 28, 2003. 12. Plaintiffs filed a Reply to Defendants' Response to Plaintiffs' Motion for Summary The discovery cut-off date was July 6, 2003. Since the discovery cut-off date, neither party has sought further discovery. Plaintiffs filed a Motion for Summary Judgment on August 6, 2003. Defendants filed a Response to Plaintiffs' Motion for Summary Judgment on August

Judgment on September 16, 2003. 13. No further briefing has been filed by either party. Plaintiffs do not believe further

briefing is necessary. 2

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14. 15.

Plaintiffs' Motion for Summary Judgment is ripe and ready for a ruling. Plaintiffs' Houston counsel contacted Betty Brown, counsel for Defendants as listed

on the pleadings. Mrs. Brown informed Plaintiffs' counsel that she no longer works with Morris & Morris, L.L.P. and that she does not have Defendants' files. Ms. Brown stated that she would contact Defendants to determine whether she was still defense counsel. Based upon her statement, Plaintiffs' counsel is unsure whether Ms. Brown continues to represent Defendants. Plaintiffs' counsel anticipates that Ms. Brown will advise the Court of her present status concerning representation of the Defendants. Since the filing of the Status Report, Plaintiffs' Houston counsel has been contacted by a representative of Morris & Morris, L.L.P. and said representative informed Plaintiffs' counsel that Morris & Morris, L.L.P. no longer represent Defendants. Respectfully submitted this 14th day of April, 2006. s/ Todd A. Jansen Todd A. Jansen Cockrell, Quinn & Creighton 1700 Broadway, Suite 1516 Denver, Colorado 80290 Telephone: (303) 860-7140 Fax: (303) 860-7344 E-mail: [email protected] T. WADE WELCH & ASSOCIATES Ross Wooten 2401 Fountainview, Seventh Floor Houston, Texas 77057 (713) 952-4334 (713) 952-4994 (fax) Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that on this the 14th day of April, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system. I hereby certify that I have served a true and correct copy of the foregoing to the following non CM/ECF participant by U.S. Mail, postage prepaid, in accordance with the Federal Rules of Civil Procedure and the Local Rules of this Court. Betty L. Brown Brown Law Office 4880 Long Prairie Road, Ste 220 Flower Mound, TX 75208 Morris & Morris, L.L.P. 600 Parker Square, Suite 250 Flower Mound, Texas 75028 s/ Todd A. Jansen Todd A. Jansen Cockrell, Quinn & Creighton 1700 Broadway, Suite 1516 Denver, Colorado 80290 Telephone: (303) 860-7140 Fax: (303) 860-7344 E-mail: [email protected]

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