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Padberg v. Dish Network LLC

United States District Court, W.D. Missouri, Central Division

June 5, 2015

MIKE PADBERG, individually and on behalf of others similarly situated, Plaintiffs,
v.
DISH NETWORK LLC, Defendant.

ORDER

NANETTE K. LAUGHREY, District Judge.

Before the Court is DISH Network's Motion for Reconsideration of the Court's Order granting a new trial and of its Order clarifying the reasons for granting a new trial. [Doc. 402]. DISH also requests that the Court certify for interlocutory appeal its Order clarifying the reasons for granting a new trial. For the reasons set forth below, DISH's Motion for Reconsideration and Request for Certification of Interlocutory Appeal, [Doc. 402], is denied.

I. Background

During trial, the Court read the following instructions before the jury began deliberating:

Instruction 11
Your verdict must be for the Plaintiffs on their claim for breach of the duty of good faith and fair dealing if you find that Plaintiffs have proven all of the following by the greater weight of the evidence:
First, at the time of entering into the contract, a reasonable customer would expect an automatic monetary credit or price adjustment if DISH Network did not provide the FSN and/or FX channels.
Second, DISH Network did not provide FSN and/or FX programming to the Plaintiffs from October 1 through October 28, 2010;
Third, DISH Network did not provide an automatic monetary credit or price adjustment to the Plaintiffs for the lost programming; and
Fourth, the Plaintiffs were thereby damaged.
However, your verdict must be for DISH Network if DISH Network has proven by the greater weight of the evidence that the loss of FSN and/or FX programming from October 1 through October 28, 2010 was beyond the reasonable control of DISH Network.
Instruction 13
If you find in favor of the Plaintiffs under Instruction 11, the Plaintiffs are entitled to recover damages which resulted naturally and probably from the breach ...

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