ORDER GRANTING 1

PROVISIONAL CERTIFICATION OF 

SETTLEMENT CLASS, ETC. 

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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

MICHAEL SPAFFORD, JR., individually and on 

behalf of a class of Washington residents 

similarly situated, 

Plaintiff, 

v. 

ECHOSTAR COMMUNICATIONS 

CORPORATION, a Nevada corporation; et al., 

Defendants. 

NO. CV06-0479 RAJ 

ORDER GRANTING PROVISIONAL 

CERTIFICATION OF SETTLEMENT 

CLASS AND PRELIMINARY 

APPROVAL OF CLASS ACTION 

SETTLEMENT AGREEMENT 

ECHOSTAR COMMUNICATIONS 

CORPORATION, a Colorado corporation, et 

al., 

Third-Party Plaintiffs, 

v. 

SATELLITE SYSTEMS NETWORK, LLC., a 

California limited liability corporation, 

Third-Party Defendant. 

WHEREAS, Plaintiff Michael Spafford, Jr., on behalf of himself and the Class of 

Washington residents, and Defendants, all acting by and through their respective counsel, have 

agreed, subject to Court approval following notice to the Settlement Class and a hearing, to 

settle this litigation upon the terms as set forth in the Stipulation of Settlement. 
ORDER GRANTING 2

PROVISIONAL CERTIFICATION OF 

SETTLEMENT CLASS, ETC. 

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WHEREAS, this Court has reviewed and considered the Stipulation of Settlement and 

the Amended Stipulation of Settlement, entered into among the parties in this Action 

(collectively, the “Stipulation”), together with all exhibits thereto, the record in this case, and 

the briefs and arguments of counsel; 

WHEREAS, this Court preliminarily finds, for the purposes of settlement only, that the 

Action meets all the prerequisites of Rule 23 of the Federal Rules of Civil Procedure, 

including numerosity, ascertainability, community of interest, predominance of common 

issues, superiority and typicality, that the Plaintiff, Michael Spafford, Jr., is an adequate 

representative of the Class and Class Counsel are adequate to represent the Class (as defined in 

below); 

NOW, THEREFORE, based upon the files, records and proceedings herein, and it 

appearing to the Court that a hearing should be held on notice to the Class of the proposed 

settlement to determine finally if the terms of the settlement are fair, reasonable and adequate; 

IT IS HEREBY ORDERED THAT: 

1. All terms and definitions used herein have the same meanings as set forth in the 

Stipulation. 

2. The proposed settlement set forth in the Stipulation is hereby preliminarily 

approved as being within the range of reasonableness such that notice thereof should be given 

to members of the Class. 

3. For purposes of determining whether the terms of the settlement should be 

finally approved as fair, reasonable and adequate, a Settlement Class is conditionally certified 

for purposes of this settlement as consisting of: 

All Washington residents who received one or more 

commercial solicitations for “DISH Network” products or 

services via an automatic dialing and announcing device 

(“ADAD”) in the State of Washington at any time prior to 

the date of the Preliminary Approval Order. Excluded from 

the class are the judge to whom this case is assigned, any 
ORDER GRANTING 3

PROVISIONAL CERTIFICATION OF 

SETTLEMENT CLASS, ETC. 

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member of the judge’s immediate family, as well as the 

judge’s staff and their immediate families. 

4. Plaintiff Michael Spafford, Jr. is hereby found to be adequate and is therefore 

appointed as representative of the Class and the following counsel are hereby found to be 

adequate and are hereby appointed as counsel for the Class: 

TOUSLEY BRAIN STEPHENS PLLC 

Kim D. Stephens, P.S., WSBA #11984 

EchoStarSettlement@tousley.com

1700 Seventh Avenue, Suite 2200 

Seattle, Washington 98101 

Telephone: 1-800-259-2652 

GALLAGHER LAW OFFICE, P.S. 

Daniel C. Gallagher, WSBA #21940 

seattlelaw@hotmail.com 

10611 Battle Point Drive NE 

Bainbridge Island, Washington 98110 

Telephone: 206-855-9310 

LEVY RAM & OLSON LLP 

Michael F. Ram, Pro Hac Vice 

mfr@lrolaw.com 

Erica L. Craven, Pro Hac Vice 

elc@lrolaw.com 

Karl Olson, Pro Hac Vice 

ko@lrolaw.com 

639 Front Street, Fourth Floor 

San Francisco, California 94111-1913 

Telephone: 415-433-4949

5. If final approval of the settlement is not obtained, this certification order, 

including the above description of the Settlement Class and appointment of the Class 

Representative and Class Counsel, shall be vacated and this action shall proceed as though the 

certification and appointments never occurred. 

6. Pending final determination of whether the settlement should be approved, 

neither Plaintiff Michael Spafford, Jr. nor any member of the Class, whether directly, 

indirectly, representatively or in any other capacity shall commence or prosecute any action or 

proceeding in any court or tribunal asserting any of the claims herein against the Defendants 

herein. 
ORDER GRANTING 4

PROVISIONAL CERTIFICATION OF 

SETTLEMENT CLASS, ETC. 

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7. The Notice of Pendency and Settlement of Class Action (“Class Notice”), 

which is attached to the Stipulation as Exhibit A, and appended to this order in the court’s 

electronic docket as Exhibit 1, is hereby approved as to form. 

8. EchoStar has agreed to have the Class Notice published no later than October 

10th for the first publication and no later than October 24th for the second publication in 

substantially the form attached electronically as Exhibit 1 hereto. Notice will be published for 

one day in the following newspapers of general circulation: (1) Vancouver-Columbian, (2) 

Seattle Times/Post-Intelligencer; (3) Spokane Spokesman-Review, and (4) Tri-City Herald. 

Fourteen days later, the same notice will be published for one day in each of the following 

newspapers of general circulation: (1) Vancouver-Columbian, (2) Tacoma News Tribune, (3) 

Bellingham Herald, (4) Spokane Spokesman-Review, and (5) Yakima Herald Republic. Class 

Counsel will monitor and track those Class Members seeking exclusion or objecting to the 

proposed Settlement. 

9. Defendants shall pay all costs associated with preparation and publication of the 

Class Notice. 

10. Defendants are directed to file with the Court and serve upon Class counsel, 

prior to the final approval hearing, a declaration confirming that dissemination of the Notice 

has taken place in accordance with this Order. 

11. The Court finds that the dissemination of the Notice under the terms and in the 

format provided for in the Stipulation and this Order constitutes the best notice practicable 

under the circumstances that it is due and sufficient notice for all purposes to all persons 

entitled to such notice and that if fully satisfies the requirements of due process and all other 

applicable laws. 

12. A hearing (the “Fairness Hearing”) shall be held on December 3, 2008, at 10:00 

a.m., in the Honorable Richard A. Jones’ court room, United States District Court, Western 

District of Washington to determine whether the proposed settlement of this action should be 
ORDER GRANTING 5

PROVISIONAL CERTIFICATION OF 

SETTLEMENT CLASS, ETC. 

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finally approved as fair, reasonable, and adequate and whether the Final Judgment approving 

the settlement and dismissing all claims asserted in the litigation on the merits and with 

prejudice should be entered. The Fairness Hearing may be postponed, adjourned or 

rescheduled by order of the Court without further notice to the members of the Class. 

13. Objections by any Class Member to the Stipulation of Settlement shall be heard 

and any papers submitted in support of said objections shall be considered by the Court at the 

Fairness Hearing only if, on or before November 24, 2008, such objector files with the Clerk 

of the United States District Court, Western District of Seattle: (1) his, her or its objection and 

a statement of the basis for such objection; (2) if applicable, a Notice of Intention to Appear at 

the Fairness Hearing; (3) documentary proof that he, she or it is a member of the Class, and 

(4) serves copies of the foregoing and all other papers in support of such objections (including 

any briefs of declarations) on counsel for the parties identified in the Class Notice. 

All such objections shall be mailed to or hand-delivered to the following address: 

 United States District Court, Western District of Washington 

 Attn: Spafford v. Echostar Class Action Objections Case No. C06-479RAJ 

 700 Stewart Street 

 Seattle, WA 98101 

IN ADDITION, in order to be considered for hearing, all objections must be actually 

received by class counsel identified in the Class Notice on or before November 24, 

2008 at the following address: 

TOUSLEY BRAIN STEPHENS PLLC 

Kim D. Stephens, P.S., WSBA #11984 

EchoStarSettlement@tousley.com

1700 Seventh Avenue, Suite 2200 

Seattle, Washington 98101 

Telephone: 1-800-259-2652 

A Class Member need not appear at the Fairness Hearing in order for his, her or its 

objection to be considered. 

14. To be effective, all requests for exclusion from the Class must (1) be in writing, 

(2) comply with the provisions of and contain the information requested as set forth in the 
ORDER GRANTING 6

PROVISIONAL CERTIFICATION OF 

SETTLEMENT CLASS, ETC. 

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Class Notice, (3) be filed with the Court on or before November 24, 2008, and (4) must be 

received by the above-listed counsel at the address provided above by November 24, 2008. 

15. The settlement on the terms and conditions of the Stipulation of Settlement 

filed concurrently with the parties joint motion for preliminary approval is hereby 

preliminarily approved, but is not to be deemed an admission of liability or fault by 

Defendants or by any other party or person, or a finding of the validity of any claims asserted 

in the litigation or of any wrongdoing or of any violation of law by Defendants. The 

settlement is not a concession and shall not be used as an admission of any fault or omission 

by Defendants or any other party or person. 

16. Any Class Member may enter an appearance in the Action and/or may seek to 

intervene in the Action, individually or through the counsel of their choice at their expense. 

Class Members who do not enter an appearance and do not exclude themselves from the Class 

will be represented by class counsel. 

17. Counsel for the parties are hereby authorized to utilize all reasonable 

procedures in connection with the administration of the settlement which are not materially 

inconsistent with either this Order or the terms of the Stipulation. 

18. Summary of Dates and Deadlines: 

Last Day for Defendants to 

complete publication of Notice 

No later than October 10, 2008 shall be 

the First Notice Publication Date 

No later than October 24 shall be the 

Second Notice Publication Date. 

Last Day for Defendants to file and 

serve declaration confirming 

dissemination of Class Notice 

November 7, 2008

Last Day for Parties to File 

Opening Brief for Final Approval 

and Applications for Attorney’s 

Fees, Costs, and Class 

Representative Incentive Fees 

November 12, 2008
ORDER GRANTING 7

PROVISIONAL CERTIFICATION OF 

SETTLEMENT CLASS, ETC. 

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Deadline for Class Member to 

object to the settlement 

Received by Counsel by

November 24, 2008 

Deadline for Class Member to be 

excluded from the Class 

Postmarked by

November 24, 2008 

Last Day for Plaintiff and 

Defendants to File a Reply to Any 

Objection and to File Points & 

Authorities in Support of Final 

Approval

November 28, 2008

Fairness Hearing December 3, 2008 at 10:00 a.m.

IT IS SO ORDERED. 

Dated: October 6, 2008. 

A

The Honorable Richard A. Jones 

United States District Judge 

 Presented by: 

TOUSLEY BRAIN STEPHENS PLLC 

By: /s/ Kim D. Stephens, P.S., WSBA #11984 

Kim D. Stephens, P.S., WSBA #11984 

kstephens@tousley.com 

1700 Seventh Avenue, Suite 2200 

Seattle, WA 98101 

Tel: 206.682.5600 

GALLAGHER LAW OFFICE, P.S. 

Daniel C. Gallagher, WSBA #21940 

seattlelaw@hotmail.com 

10611 Battle Point Drive NE 

Bainbridge Island, WA 98110-1493 

Tel: 206.855.9310 

LEVY RAM & OLSON LLP 

Michael F. Ram, Pro Hac Vice [CSB #104805] 

mfr@lrolaw.com 
ORDER GRANTING 8

PROVISIONAL CERTIFICATION OF 

SETTLEMENT CLASS, ETC. 

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Erica L. Craven, Pro Hac Vice [CSB #199918]

elc@lrolaw.com 

Karl Olson, Pro Hac Vice [CSB #104760] 

ko@lrolaw.com 

639 Front Street, Fourth Floor 

San Francisco, CA 94111-1913 

Tel: 415.433.4949 

Attorneys for Plaintiff Michael Spafford, Jr. 

Copy Received; Form Approved, and 

Notice of Presentation Waived By: 

T. WADE WELCH & ASSOCIATES 

By: /s/ Joseph H. Boyle [by email authorization]

Joseph H. Boyle, Pro Hac Vice

jboyle@twwlaw.com 

Christine D. Willetts, Pro Hac Vice

cwilletts@twwlaw.com 

2401 Fountainview, Suite 700 

Houston, TX 77057 

Tel: 713.952.4334 

STOKES LAWRENCE, P.S. 

Shelley M. Hall, WSBA #37413 

shelley.hall@stokeslaw.com 

800 Fifth Avenue, Suite 4000 

Seattle, Washington 98104-3179 

Tel: 206.626.6000 

Attorneys for EchoStar Defendants