SKY CABLE, LLC v. DIRECTV, INC.

No. 16-1920, No. 16-1943, No. 16-1946.

23 F.4th 313 (2022)

SKY CABLE, LLC; Robert Saylor, Plaintiffs, and Massanutten Resort, Lc; Great Eastern Resort Corporation; Great Eastern Resort Management, Incorporated; Michael Shifflett, a/k/a Mike Shifflett; Kimberli Coley, a/k/a Kimberly Coly; Mountainside Villas Owners Association, Inc.; Woodstone Time-Share Owners Association; Shenandoah Villas Owners Association; Summit at Massanutten Owners Association; Regal Vistas at Massanutten Owners Association; Eagle Trace Owners Association, Defendants, and Randy Coley, a/k/a Randolph Powhatan Cooley, a/k/a Randy Coly, d/b/a East Coast Sales, d/b/a East Coast Cable, d/b/a Resort Cable, d/b/a Its Thundertime, LLC, d/b/a East Coast Sales, LLC, d/b/a South Raleigh Air, LLC, Defendant-Appellant, v. DIRECTV, INC., Defendant-Appellee. Sky Cable, LLC; Robert Saylor, Plaintiffs, and Massanutten Resort, LC; Great Eastern Resort Corporation; Great Eastern Resort Management, Incorporated; Michael Shifflett, a/k/a Mike Shifflett; Kimberli Coley, a/k/a Kimberly Coly; Mountainside Villas Owners Association, Inc.; Woodstone Time-Share Owners Association; Shenandoah Villas Owners Association; Summit at Massanutten Owners Association; Regal Vistas at Massanutten Owners Association; Eagle Trace Owners Association, Defendants, and Randy Coley, a/k/a Randolph Powhatan Cooley, a/k/a Randy Coly, d/b/a East Coast Sales, d/b/a East Coast Cable, d/b/a Resort Cable, d/b/a Its Thundertime, LLC, d/b/a East Coast Sales, LLC, d/b/a South Raleigh Air, LLC, Defendant-Appellant, v. DIRECTV, Incorporated, Defendant-Appellee. Sky Cable, LLC; Robert Saylor, Plaintiffs, and Randy Coley, a/k/a Randolph Powhatan Cooley, a/k/a Randy Coly, d/b/a East Coast Sales, d/b/a East Coast Cable, d/b/a Resort Cable, d/b/a Its Thundertime, LLC, d/b/a East Coast Sales, LLC, d/b/a South Raleigh Air, LLC; Massanutten Resort, LC; Great Eastern Resort Corporation; Great Eastern Resort Management, Incorporated; Michael Shifflett, a/k/a Mike Shifflett; Kimberli Coley; Mountainside Villas Owners Association, Inc.; Woodstone Time-Share Owners Association; Shenandoah Villas Owners Association; Summit at Massanutten Owners Association; Regal Vistas at Massanutten Owners Association; Eagle Trace Owners Association, Defendants, and Its Thundertime, LLC, Defendant-Appellant, v. DIRECTV, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 10, 2022.


Attorney(s) appearing for the Case

Robert W. Shaw , SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL, & JERNIGAN, L.L.P., Raleigh, North Carolina; Patrick T. Jordan , GORDON & REES, LLP, Seattle, Washington, for Appellant Randy Coley. John W. Bryant , J.W. BRYAN LAW FIRM PLLC, Raleigh, North Carolina, for Appellant Its Thundertime, LLC. James J. O'Keeffe, IV , JOHNSON, ROSEN & O'KEEFE, LLC, Roanoke, Virginia, for Defendant Kimberli Coley. John H. Jamnback , YARMUTH WILSDON PLLC, Seattle, Washington, for Appellee.

Motion granted by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Gregory and Judge Harris joined.


The Federal Communications Act allows for recovery of attorneys' fees for the prevailing party against the violator of the statute. Here, after the district court determined that Appellant Randy Coley d/b/a Its Thundertime, LLC violated the Federal Communications Act by misappropriating Appellee DIRECTV, Inc.'s satellite transmissions...

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