Padberg v. Dish Network Class Action Settlement

PADBERG V.DISH NETWORK LLC
United States District Court for the Western District of Missouri; Case No. 2:11-cv-04035-NKL

Frequently Asked Questions

Following is a list of frequently asked questions about this matter. To view the answer to a question, please click on the question from the list below. The answers to these questions will be updated periodically to reflect the current status of the Settlement.

  1. What is the purpose of this website?

    The purpose of this website is to advise you of a settlement of this class action and summarize certain rights you may have. You may or may not be a Class Member. Please read below to see if you are a Class Member.

  2. What is this litigation about?

    From October 1 through October 29, 2010, DISH did not provide FSN or FX programming to subscribers who had purchased a package from DISH that included FSN and/or FX programming for this period. Plaintiff Mike Padberg (“Class Representative”) brought a Class Action Complaint alleging that DISH’s form contract was unconscionable and that DISH breached its contract with its subscribers by failing to provide a monetary credit to subscribers equal to the value of the channels not provided. The case is pending in the United States District Court for the Western District of Missouri, Case No. 2:11-cv-04035-NKL (the “Lawsuit”).

    DISH denies Plaintiff’s allegations and has asserted numerous defenses to the Lawsuit, including that it was not contractually obligated to provide the FSN and FX programming, and that it provided substitute programming during the period in question. The notice is not an admission by DISH that the claims Plaintiff asserts in this case are valid, or that there has been any wrongdoing or violation of law.

  3. Who is included in the Settlement Class?

    The Settlement is on behalf of two classes certified in the Lawsuit on July 11, 2013, namely:

    All present and former DISH subscribers in the United States who: (1) paid DISH for a programming package for all or part of October 2010 that included FSN 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 (the “FSN Class”).

    All present and former DISH subscribers in the United States who: (1) paid DISH for a programming package for all or part of October 2010 that included 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 (the “FX Class”).

  4. What are the benefits and terms of the Settlement?

    As part of this Settlement, DISH has agreed to:

    • change the disclosures in its uniform consumer contract, as set forth in Section 6.A of the Detailed Notice;
    • pay $2,700,000.00 into a Settlement Fund (the “Settlement Fund”) to be used to pay: (a) all monetary relief to AT120+ Customers, as set forth in Section 6.B. of the Detailed Notice; (b) all costs required to notify the Classes of the Settlement; (c) all costs to administer the settlement; (d) any Court-ordered award of attorneys’ fees, costs, and expenses to Class Counsel; and (e) any Court-ordered individual settlement award and service award to the Class Representative; and
    • provide additional monetary relief set forth in Section 6.B.2 of the Detailed Notice, separate from the Settlement Fund.

    The Effective Date of the Settlement Agreement shall be the date immediately following the Court’s final approval of the Settlement Agreement and the exhaustion of any appeals. Once the Effective Date is determined, the Effective Date will be posted on this Settlement Website (www.PadbergDISHClassAction.com) by the Claims Administrator. Please revisit this Settlement Website for updates.

  5. Who is Class Counsel?

    The Court has appointed the following lawyers as Class Counsel to represent the Settlement Class:

    COOK, VETTER, DOERHOFF & LANDWEHR, P.C.
    231 Madison
    Jefferson City, MO 65101
    (573) 635-7977

    HORN, AYLWARD & BANDY, LLC
    2600 Grand Blvd, Suite 1100
    Kansas City, MO 64108
    (816) 421-0700
    GOLDENBERG HELLER &
    ANTOGNOLI, P.C.
    2227 South State Route 157
    Edwardsville, IL 62025
    (618) 656-5150

    BARTIMUS FRICKLETON ROBERTSON RADER, P.C.
    715 Swifts Highway
    Jefferson City, MO 65109
    (913) 266 2300
  6. How much are the attorneys’ fees, and costs?

    Class Counsel has pursued the Lawsuit for over seven years on a contingent basis and has not received any payment of fees or any reimbursement of their out-of-pocket expenses related to the recovery on behalf of the Class. As part of the Settlement, Class Counsel will apply for fees, Class Notice expenses advanced by Class Counsel, and other costs incurred in the Lawsuit (the “Attorneys’ Fees and Costs”). The Attorneys’ Fees and Costs must be approved by the Court and shall not exceed the amount remaining in the Settlement Fund after payment of: (1) all payments and credits to the AT120+ Customers; (2) Class Notice expenses not advanced by Class Counsel; (3) all other charges and expenses required by the Settlement Agreement and the Court’s Preliminary Approval Order; and (4) any award made by the Court to the Class Representative. Class Counsel’s Motion for Attorneys’ Fees and Costs will be filed with the Court and posted on this Settlement Website.

  7. How much are the Class Representative awards?

    Class Counsel will also ask the Court to approve a reasonable service award to Class Representative in an amount to be determined by the Court (the “Service Award”). Class Representative devoted substantial time and effort assisting Class Counsel in the prosecution of this case including, for example, assisting Class Counsel in responding to detailed discovery requests, engaging in meetings, telephone conferences and written communication with Class Counsel, testifying at his deposition, attending hearings, testifying and attending a week-long trial, and more. The Court will determine the amount of the Service Award, if any to compensate the Class Representative for his time, effort and diligence in prosecuting the case against DISH. If the Court approves a Service Award, it will be paid from the Settlement Fund.

  8. When is the Fairness Hearing?

    A hearing will be held before the Honorable Judge Nanette K. Laughrey, United States District Court for the Western District of Missouri, 80 Lafayette Street, Jefferson City, Missouri, on May 24, 2018 at 11:00 a.m. The purpose of the hearing is for the Court to decide whether the proposed Settlement is fair, reasonable, and adequate and should be approved and, if so, to determine what amount of Attorneys' Fees and Costs and/or Service Award should be awarded. The time and date of this hearing may be changed without further notice.

  9. What happens if the Court approves the Settlement?

    If the Court approves the proposed Settlement, it will enter a judgment that will serve as a final judgment of the claims against DISH raised in the Lawsuit, and which will be binding on all Class Members who do not opt-out. As part of the Settlement, the Classes will release DISH from any and all actions, causes of action, claims, compensation, controversies, costs, damages, debts, demands, expenses, liens, liabilities, losses, rights or suits, including claims or suits for contribution and/or indemnity, of every kind, nature or description whatsoever, whether foreseen or unforeseen, known or unknown, fixed or contingent, direct or indirect, liquidated or unliquidated, at law or in equity, arising out of or relating to the facts alleged in the Lawsuit.

    Class Members who timely and properly opt-out from the Settlement will not be bound by the judgment and will not release any potential or actual claims against DISH.

  10. What happens if the Court doesn’t approve the Settlement?

    If the Court does not approve the proposed Settlement, the case will proceed as if no settlement has been attempted. In that event, there is no assurance that the Classes will not be decertified and/or recover more or less than is provided for in this Settlement or, indeed, anything.

  11. What are my options regarding the Settlement?

    If you are received the Notice, you have the following options:

    1. Participate in the Settlement:
      Assuming the Court approves the Settlement, you may receive the monetary relief described in Section 6.B of the Detailed Notice by following the steps outlined in Sections 6.B.1 or 6.B.2 of the Detailed Notice.
    2. Request to be Excluded (Opt-Out):

      If you wish to be excluded from the Settlement, you must submit, no later than April 23, 2018, a written request to be excluded from the Settlement. The request should include your name, address and a statement that you wish to be excluded from the Settlement, and sent to the Settlement Class Administrator at the following address:

      DISH Exclusions
      PO Box 3614
      Minneapolis, MN 55403-0614
      or by email to: mail@PadbergDISHClassAction.com

      If you mail an exclusion request, you bear the risk of any delay or failure of delivery. If you email a request for exclusion, you should retain a copy of the email showing the date and time it was sent and to what email address.

      If you timely and properly request exclusion from the Settlement, you will not receive any monies from the Settlement, you will not be bound by any final judgment, and you will not be precluded from instituting or prosecuting any individual claim you may otherwise have against DISH related to the subject matter of this Settlement.

      Failure to timely submit your request will result in your remaining a member of the Settlement and being bound by any final judgment, even if you do not file and return a Claim Form or seek the monetary benefits set forth above.

    3. Object:

      If you are a Class Member and you do not request to be excluded, you may object to the terms of the Settlement, Class Counsel’s requests for Attorneys’ Fees and Costs, and/or the request for the Service Award. If you object and the Settlement is approved, and you fail to submit a timely valid request to be excluded, you will not be able to assert your own claims related to the matters released through this Settlement, and you will be bound by the final judgment and release and all Orders entered by the Court. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own attorney's fees and costs.

      If you wish to assert an objection, you must, on or before April 23, 2018, file any such objection with the Court and provide copies of the objection to Class Counsel at the addresses set forth in Section FAQ5 above. The objection shall state:

      1. the objector’s full name, address, and telephone number;
      2. the objector’s state of residence;
      3. a written statement of all grounds for the objection accompanied by any legal support for such objection;
      4. copies of any documents upon which the objection is based;
      5. all persons who will be called to testify in support of the objection; and,
      6. a statement whether the objector intends to appear at the Fairness Hearing. If the objector intends to appear at the Fairness Hearing through counsel, the objection must also state the identity of all attorneys representing the objector who will appear at the Fairness Hearing.

      Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement.

  12. Are more details available?

    Additional information about the case, including the Settlement Agreement, Claim Forms, orders of the Court, and selected pleadings, may be viewed Here.

    All papers publicly filed in this case are available for you to inspect and copy during regular business hours at the office of the Clerk of the Court, United States Courthouse, 80 Lafayette Street, Jefferson City, Missouri 65101.

    Many answers to frequently asked questions are available in the Frequently Asked Questions section of this Settlement Website. Any questions you have concerning the notice that are not answered by the FAQ section, should be sent to the Class Administrator using the following contact information:

    DISH Exclusions
    PO Box 3614
    Minneapolis, MN 55403-0614
    or by email to: mail@PadbergDISHClassAction.com

    On any email you send, please include the case name and number. On any letters you send, please include the case name and number, as well as your name and your return address (not just on the envelope).