Directv, Inc. v. Lovejoy

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

WOODCOCK, Disti’ict Judge.

These dispositive motions address the narrow issue of whether and the extent to which this Court may draw an adverse inference from a party’s assertion of the Fifth Amendment privilege. DirecTV, Inc., the Plaintiff, operates a digital satellite entertainment business, beaming programming to its subscribers. To receive and view DirecTV’s signal, a subscriber must be equipped with digital satellite system hardware. Once DirecTV transmits its signal, anyone with the right equipment can decode the encrypted signal and, in the…