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Dish Network v. Ramkissoon (New Jersey)

Letter Rogatory and Request for International Judicial Assistance


Re: Ravindranauth Ramkissoon

To the Superior Court of Ontario, Canada:

WHEREAS, it appears to the District Court of the United States, District of New Jersey, that Ravindranauth Ramkissoon is a material witness in a certain action now pending in our court between Plaintiffs and Defendants Munid Ramkissoon, Ootra Ramkissoon, and Does 1-10, and that the personal attendance of said witness cannot be procured at trial of said action, we hereby appoint a commissioner, court reporter, stenographer or any person authorized to administer oaths or their equivalent by the laws of Canada or the United States, to take the testimony of said witness and we, in confidence of your prudence and fidelity, hereby request that you assist in compelling the said witness to give testimony and produce documents and records.


This is in reference to Ravindranauth Ramkissoon's aunt and uncle's case in New Jersey.

DISH NETWORK L.L.C. et al v. RAMKISSOON et al

Filed: December 4, 2009 as 2:2009cv06135 Updated: December 8, 2009 14:46:13
Plaintiffs: DISH NETWORK L.L.C., ECHOSTAR TECHNOLOGIES L.L.C. and NAGRASTAR LLC
Defendants: DOES 1-10, MUNID RAMKISSOON and OOTRA RAMKISSOON
Presiding Judge: Judge Dickinson R. Debevoise
Referring Judge: Magistrate Judge Michael A. Shipp
Cause Of Action: Federal Question-Injunctive & Declaratory Relief
Court: Third Circuit > New Jersey > District Court
Type: Other Statutes > None

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Information and opinions expressed herein may not reflect those of the poster.

True FTA 39" Motorized Dish

Plaintiffs Request Extension

Plaintiffs request that the Court extend the deadline for filing motions to add new parties or amend the pleadings to October 18, 2010.

Filed and entered on August 17, 2010.

_________________
Information and opinions expressed herein may not reflect those of the poster.

True FTA 39" Motorized Dish

Ramkissoon Imprisoned for Contempt of Civil Search Orders

Nfusion Litigation: Ravin and Roseline Ramkissoon Imprisoned for Contempt of Civil Search Orders

The Ontario Superior Court of Justice has sentenced Ravin Ramkissoon d.b.a. The Digital Store, commonly known as Nfusion Canada, and his wife Roseline Ramkisson to jail sentences of four months and two months, respectively. They were found in contempt of civil seizure (Anton Piller) Orders obtained by EchoStar, NagraStar and Bell TV in December, 2009. The Ramkisoons sold and distributed nFusion and other brands of free-to-air receivers through their company stores and web sites.

The contempt findings arose out of the Ramkissoons’ refusal to grant access to parts of their business premises when the Orders were served. They also deliberately prevented the Independent Supervising Solicitor (ISS) appointed by the Court from observing Ravin Ramkissoon in order to ensure that the evidence covered by the Orders was preserved. Additionally the Court found that Ravin Ramkissoon willfully disobeyed the Orders by removing hard drives from computers in an attempt to prevent data from being copied by the Plaintiffs.

In sentencing the Ramkissoons to jail terms, Justice Cumming stated that the Ramkissoons’ contempt was “deliberate, blatant and willful” and that having been served with civil search orders on a prior occasion, they were knowledgeable as to what was required of them in preserving relevant evidence. In awarding the Plaintiffs their legal costs in the amount of $265,887.12, Justice Cumming noted that while the costs were considerable, they were the direct result of the contemptuous actions of the Ramkissoons. These sentences represent a significant victory for the Plaintiffs in their continuing efforts to prevent satellite pay-TV piracy in Canada and the United States.

Source: NagraStar

The Sentence

[19] Ravin is sentenced to four months in prison in respect of the finding of contempt in # 09-CL-8091-00CL. Ravin is also sentenced to four months in prison in respect of the finding of contempt in #09-CL-8094-00CL, The said sentences are to be served concurrently. There is no eligibility for parole or remission from the correctional institution in respect of either sentence unless further ordered by this Court. Nor is Ravin eligible for the temporary absence program, except for humanitarian and medical purposes, unless further ordered by this Court.

[20] Rosaline is sentenced to two months in prison in respect of the finding of contempt in #09-Cl-8091-00CL. Roseline is also sentenced to two months in prison in respect of the finding of contempt in #09-CL-8094-00CL. The said sentences are to be served concurrently. There is no eligibility for parole or remission from the correctional institution in respect of either sentence unless further ordered by this Court. Nor is Roseline eligible for the temporary absence program, except for humanitarian and medical purposes, unless further ordered by this Court.

[21] The Ramkissoons have two young daughters and it is in the family’s and society’s interests that the children’s parents not be incarcerated at the same time. Accordingly, upon Ravin serving his sentence of four months and being released from custody Rosaline will be taken into custody to serve her sentence of two months in prison.

[22] I fix the outstanding costs to the plaintiffs in these proceedings at $265,887.12 inclusive of GST/HST and all disbursements and order that Ravin and Roseline are jointly and severally liable to pay this amount to the plaintiffs forthwith.