DIRECTV, INC. v. McCOOL (M.D.Tenn. 2004)

ROBERT ECHOLS, Chief Judge, District

For the reasons explained more fully in the Memorandum entered contemporaneously herewith, the Court rules as follows:

1. Defendant's Motion for Summary Judgment (Docket Entry No. 26) is hereby GRANTED IN PART and DENIED IN PART. In particular, Defendant's Motion is GRANTED as to Count V, Possession of a Pirate Access Device in Violation of 18 U.S.C. § 2512 (1) (b). Count V is therefore DISMISSED WITH PREJUDICE. Defendant's Motion is DENIED, however, as to Counts I, II, III, IV, and VI of the Complaint;

2. Defendant's Motion to Strike Expert Report and Bar Expert Testimony (Docket Entry No. 35) is hereby DENIED; and

3. Defendant's Motion for Permission to File a Supplemental Reply Brief (Docket Entry No. 39) is hereby DENIED.

This case is hereby returned to the Magistrate Judge for further proceedings consistent with Local Rule 11.

It is so ORDERED.