9th Circuit Dockets Plaintiff’s Appeal in His Long Fight vs. Dish Over Cancellation Rights

The 9th U.S. Circuit Court of Appeals docketed the appeal Monday (docket 23-15865) of plaintiff-appellant Narciso Fuentes in his seven-year legal fight against Dish Network. Fuentes is seeking to reverse the U.S. District Court for Northern California’s denial of his motion to remand the case to California Superior Court where it originated in March 2016. Fuentes' opening brief is due Sept. 18, with Dish's answering brief due Oct. 17, said a time schedule order. The case arose out of Dish’s failure to provide cancellation rights disclosures and Spanish language contracts in connection with its satellite television service agreements. The monolingual Spanish-speaking Fuentes was a Dish customer when his lawsuit was filed. But he ceased being one in August 2017 and hasn’t subscribed since. That left him with lack of Article III standing to pursue public injunctive relief against Dish in federal court. The injunctive relief Fuentes seeks under California’s Consumers Legal Remedies Act and Unfair Competition Law would enjoin Dish from future disclosure failures when marketing its services to Spanish-speaking consumers in California.