Founder of WCO Spectrum Died Nov. 4, Says Filing in T-Mobile Suit

Gary Winnick, founder and controlling partner of WCO Spectrum, the company that T-Mobile is suing for educational broadband service (EBS) wireless spectrum fraud (see 2306030002), died Nov. 4, said a suggestion of death notice Thursday (docket 2:23-cv-04347) in U.S. District Court for Central California in Los Angeles, filed and signed by Buchalter’s Joshua Robbins, Winnick’s counsel. Robbins believes that Winnick’s estate is his “likely successor in interest,” said the notice. But Robbins doesn’t yet know the identities of the estate’s executor or of the person authorized to act on the estate’s behalf with respect to the case, it said. He also doesn’t yet know the identity of the person authorized to act on WCO’s behalf as the case moves forward, it said. The filing of the suggestion of death starts the six-month clock running for T-Mobile to substitute another defendant for Winnick. If T-Mobile fails to do so, the claims against Winnick are subject to dismissal. WCO, Winnick and CEO Carl Katerndahl moved Sept. 18 for dismissal of T-Mobile’s complaint, arguing the lawsuit is T-Mobile’s “Hail Mary pass” to stave off competition in the EBS space (see 2309190046