The suit filed by Harbinger Capital Partners against Dish network has been sought dismissed by the defendant through its Chairman Charlie Ergen. The said suit was said to be a 'last-ditch' attempt by Harbinger's Phil Falcone to keep control of LightSquared and to misdirect many from the current bankruptcy his company is facing.

In documents filed Monday with the US Bankruptcy Court, the legal team of Mr Ergen reiterated the press releases from the US Securities and Exchange Commission stating that Mr. Falcone had agreed to a five year ban from participating in the securities industry. This was part of a settlement agreement entered into by Falcone and the SEC.

Ergen's lawyers said through documentation filed before the court, "It is especially ironic that Harbinger and Mr. Falcone have accused the Ergen Defendants of fraud and inequitable conduct." They further seek the dismissal of the case as there was no evidence of fraud present at all. 

For its part, Harbinger's spokesperson declined to make a comment on the matter.