In the United States District Court for the Western District of Missouri Mike Padberg v. DISH Network L.L.C.; Case No. 2:11-cv-04035-NKL NOTICE OF PENDENCY OF CLASS ACTION LAWSUIT AND COURT-ORDERED DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS. THIS IS NOT AN ATTEMPT TO COLLECT A DEBT FROM YOU AND THIS IS NOT A LAWSUIT AGAINST YOU. You received this Notice because records indicate you were a customer of DISH Network L.L.C. (“DISH”) who 1) paid for a programming package for all or part of October, 2010 that included Fox Sports Net (“FSN”) programming and/or FX programming; and 2) did not receive a monetary credit equal to the value of such programming, which DISH failed to provide from October 1, 2010 to October 29, 2010. If you meet these criteria, you are a member of the class certified by the Court unless you choose to exclude yourself. Has anyone else received this????? A class action lawsuit has been filed by Plaintiff Mike Padberg against DISH alleging that DISH breached its subscriber contracts and/or the duty of good faith and fair dealing by failing to provide subscribers with a monetary credit equal to the value of the FSN and/or FX programming that was not provided by DISH from October 1, 2010 until October 29, 2010. DISH denies these claims and has asserted numerous defenses to this action. The Court has not ruled on the merits of the claims or DISHs denial of the claims. To obtain additional information about the case, including the full class action notice, please visit PadbergDISHClassAction or call 1-888-968-7008 to request a copy of the full class action notice if you do not have internet access. On July 11, 2013, the Court ruled that this lawsuit may be maintained as a class action, meaning that the case can proceed on behalf of all DISH customers who meet the criteria to be in the class. You have the choice to stay in the class or exclude yourself from the class. If you wish to remain in the class, you do not need to do anything. The Court has appointed lawyers to represent the class, so you do not need to hire your own lawyer if you wish to remain in the class. However, you may hire a lawyer at your own expense who can enter an appearance for you in the case if you so choose. If you want to be excluded from the class, you must send a written notice including your name, address and a statement that you wish to be excluded from the class to: DISH Class Administrator; c/o Dahl Administration, P.O. Box 3614, Minneapolis, MN 55403-0614 or mail@PadbergDISHClassAction. To be effective, your exclusion notice must be received by the class administrator on or before July 2, 2014. If you do not exclude yourself from the class, the final outcome of the lawsuit, whether favorable to the class or favorable to DISH, will apply to you. If you exclude yourself, you will not participate in any favorable result from the litigation, but will retain all rights you have related to any individual claims you may have. **Pursuant to 47 U.S.C. § 338(i)(4)(B)(ii), you are hereby notified that the Court has ordered DISH to disclose to counsel for the class on May 28, 2014 certain personally identifiable information of class members, including each class members name, mailing address, e-mail address, DISH programming package, and the price of the DISH programming package, in connection with class counsels further administration of the class and representation of the claims of the class members. FOR MORE INFORMATION ABOUT THE CASE PLEASE VISIT PadbergDISHClassAction.....
Posted on: Thu, 03 Apr 2014 01:39:57 +0000
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