SKY CABLE, LLC v. DIRECTV, INC.

No. 16-1920, No. 16-1943, No. 16-1944, No. 16-1946.

886 F.3d 375 (2018)

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, 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; 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 Kimberli Coley, a/k/a Kimberly Coly, 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: March 28, 2018.


Attorney(s) appearing for the Case

ARGUED: James J. O'Keeffe, IV , JOHNSON, ROSEN & O'KEEFFE, LLC, Roanoke, Virginia, for Appellants. Robert Ward Shaw , GORDON & REES, LLP, Raleigh, North Carolina, for Appellant Randy Coley. John Hugo Jamnback , YARMUTH WILDSON, PLLC, Seattle, Washington, for Appellee. ON BRIEF: John W. Bryant , BRYANT & IVIE, PLLC, Raleigh, North Carolina, for Appellant Its Thundertime, LLC. Patrick T. Jordan , GORDON & REES, LLP, Seattle, Washington, for Appellant Randy Coley.

Affirmed by published opinion. Judge Keenan wrote the opinion, in which Judge Wynn and Judge Harris joined.


In 2013, the district court held Randy Coley (Mr. Coley) liable for conducting a fraudulent scheme involving the unauthorized transmission of television programming provided by DIRECTV, LLC (DIRECTV). The court entered judgment against Mr. Coley in the amount of over $2.3 million. After an unsuccessful attempt...

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