Union Telephone Company et al v. Level 3 Communications LLC et al
| Union Telephone Company, Lakeland Communications Group LLC, CTC Telcom Inc, Wood County Telephone Company and Wood County Telephone Company doing business as Solarus |
| Level 3 Communications LLC, Global Crossing Telecommunications Inc and Wiltel Communications LLC |
| 3:2016cv00974 |
| April 8, 2016 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| XX US, Outside State |
| Sidney A Fitzwater |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 50 NOTICE of Submission of $250 Rider to Supersedeas Bond filed by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC (Attachments: #1 Exhibit(s) 1 - Surety Rider to Supersedeas Bond) (Williams, Michael) |
Filing 49
ORDER granting Level 3's Unopposed Motion for Approval of Supersedeas Bond and for Stay of Execution Pending Pending Appeal #48 . It is hereby ORDERED that Level 3's supersedeas bond is approved and Level 3' motion for stay of execution of judgment pending appeal is GRANTED. (Ordered by Senior Judge Sidney A Fitzwater on 11/26/2018) (ewd)
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| Filing 48 APPLICATION for Stay of Execution and Motion for Approval of Supersedeas Bond filed by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC (Attachments: #1 Exhibit(s) 1 - Bond, #2 Exhibit(s) 2 - Proposed Order, #3 Exhibit(s) 3 - Letter from Genda to Williams re Demand for Payment) (Williams, Michael) |
| Filing 47 NOTICE OF APPEAL as to #46 Judgment, to the Fifth Circuit by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC. Filing fee $505, receipt number 0539-9303546. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Williams, Michael) |
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Filing 46
JUDGMENT in favor of Plaintiffs Union Telephone Company, CTC Telecom Inc, Lakeland Communications Group LLC, and Wood County Telephone Company and against Defendants Level 3 Communications LLC, WilTel Communications LLC, and Global Crossing Telecommunications Inc in the total amount of $479,187.54, other than as to any attorney's costs and fees. (Ordered by Judge Sidney A Fitzwater on 7/2/2018) (axm)
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Filing 45
MEMORANDUM OPINION AND ORDER: In these MDL proceedings, the court decides three pending motions for summary judgment (280 in 3:14-md-02587-D; 285 in 3:14-md-02587-D; 46 in 3:16-cv-02210-D) under an abbreviated summary judgment procedure that is appropriate under the circumstances to facilitate an appeal of the court's case-dispositive decision in In re IntraMTA Switched Access Charges Litigation, 2015 WL 7252948 (N.D. Tex. Nov. 17, 2015) (Fitzwater, J.) ("IntraMTA I"). The LECs's motions for summary judgment are granted, and the parties are ordered to file final judgments within seven days. (Ordered by Judge Sidney A Fitzwater on 5/15/2018) (axm)
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Filing 44
ORDER GRANTING LECS' UNOPPOSED MOTION FOR TWO-WEEK EXTENSION TO FILE SUMMARY JUDGMENT MOTIONS: Motions due by 3/12/2018. (Ordered by Judge Sidney A Fitzwater on 2/22/2018) (zkc)
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Filing 43
ORDER: Having considered the parties' 2/9/2018 joint status report, the court enters this order, which applies to all cases except Nos. 3:14-CV-4571-D, 3:15-CV-0021-D, and 3:15-CV-0022-D. No later than 2/26/2018, the LECs must file motions for summary judgment. The motions must address all matters necessary for the court to enter final, appealable judgments. No later than 3/12/2018, the IXCs must respond to the motions for summary judgment. No later than 3/19/2018, the LECs must file any reply briefs in support of their motions. The deadline set in Scheduling Order No. 4 for the submission of judgments, which the court's 2/1/2018 order extended to 2/16/2018, is vacated. (Ordered by Judge Sidney A Fitzwater on 2/12/2018) (ykp)
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Filing 42
ORDER: No later than 2/9/2018, the parties must confer and determine whether they can enter into a stipulation of fact that resolves the final issue in dispute and enable the court to enter final, appealable judgments. (Ordered by Judge Sidney A Fitzwater on 2/1/2018) (epm) (ctf).
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Filing 41
ORDER: No later than 1/24/2018, the parties must confer and determine whether the following stipulation, or a variation thereof, resolves the impasse identified in the parties' 1/12/2018 filings, and notify the court of the outcome of their efforts. (Ordered by Judge Sidney A Fitzwater on 1/18/2018) (axm)
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Filing 40
ORDER granting #39 Motion to Withdraw as Attorney. Attorney Amy E Richardson and William Byrne Sullivan terminated. (Ordered by Judge Sidney A Fitzwater on 12/29/2017) (ndt)
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| Filing 39 MOTION to Withdraw as Attorney of Harris, Wiltshire & Grannis LLP filed by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC (Attachments: #1 Proposed Order) (Richardson, Amy) |
| Filing 38 NOTICE of Attorney Appearance by Michael T Williams on behalf of Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC. (Filer confirms contact info in ECF is current.) (Williams, Michael) |
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Filing 37
SCHEDULING ORDER NO. 4 (Ordered by Judge Sidney A Fitzwater on 12/21/2017) (axm)
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Filing 36
ORDER granting #35 Motion to Withdraw as Attorney. Attorney John Robert Grimm terminated. (Ordered by Judge Sidney A Fitzwater on 10/23/2017) (epm)
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| Filing 35 Unopposed MOTION to Withdraw as Attorney John R. Grimm filed by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC (Attachments: #1 Proposed Order) (Richardson, Amy) |
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Filing 34
ORDER granting the Parties' Joint Motion for Two-Week Extension to Remaining Deadlines Under Scheduling Order No. 3. It is ORDERED that the Parties may have an additional 14 days, until Monday, 10/16/2017, to meet and confer regarding LECs' claims for attorneys' fees, and until Monday, 10/23/2017, to submit papers for entry of judgments, and for LECs to inform IXCs of the amount of attorneys' fees they are seeking and the basis for award of fees. (Ordered by Judge Sidney A Fitzwater on 9/26/2017) (ash)
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Filing 33
ORDER GRANTING JOINT MOTION FOR SECOND EXTENSION TO SUBMIT JOINT STATUS REPORT REGARDING STIPULATED FACTS: The Parties may have an additional 10 days, until Monday, 9/18/2017 to file their Joint Status Report, and that each of the later deadlines set forth in Scheduling Order No. 3 (ECF No. 235), as amended by the 8/18/2017 Order (ECF No. 239), shall be extended equally by 10 additional days. (Ordered by Judge Sidney A Fitzwater on 9/8/2017) (axm)
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Filing 32
ORDER granting the Parties' Joint Motion for Two-Week Extension to Submit Joint Status Report Regarding Stipulated Facts. The Parties may have an additional 14 days, until 9/8/2017, to file their Joint Status Report, and each of the later deadlines set forth in Scheduling Order No. 3, as amended on 6/28/17, shall be extended equally by 14 additional days. (Ordered by Judge Sidney A Fitzwater on 8/18/2017) (ash)
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Filing 31
ORDER in case 3:14-MD-2587-D granting 236 Unopposed Motion to Extend Time to Respond. It is hereby ORDERED that the LECs may have an additional 14 days, until 7/21/2017, to respond to the IXCs' draft stipulated facts, and that each of the later deadlines set forth in Scheduling Order No. 3 (Dkt. No. 235 ) shall be extended equally by 14 additional days. (Ordered by Judge Sidney A Fitzwater on 6/28/2017) (ran)
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Filing 30
ORDER: SCHEDULING ORDER NO. 3. (Ordered by Judge Sidney A Fitzwater on 6/1/2017) (ash)
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| Filing 29 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC identifying Corporate Parent/Other Affiliate Level 3 Communications, LLC for Global Crossing Telecommunications Inc, Wiltel Communications LLC; Corporate Parent/Other Affiliate Level 3 Financing, Inc., Corporate Parent/Other Affiliate Level 3 Communications, Inc. for Level 3 Communications LLC. (Richardson, Amy) (Main Document 29 replaced with flattened image on 5/19/2017) (awc). |
| Filing 28 ANSWER to #1 Complaint, filed by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Richardson, Amy) |
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Filing 27
MEMORANDUM OPINION AND ORDER: Level 3's motions to dismiss #20 are denied. (Ordered by Judge Sidney A Fitzwater on 3/22/2017) (ran) Modified on 3/22/2017 (gr).
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Filing 26
Filed in 14-md-2587- ORDER GRANTING JOINT MOTION TO STAY REMAINING DEADLINES IN SCHEDULING ORDER: It is hereby ORDERED that (1) all deadlines on after 1/13/2017 that are set forth in the Scheduling Order filed 7/19/2016 (ECF No. 201) are hereby stayed until otherwise ordered by the Court, and (2) within 20 days after the Court's resolution of the LECs' Motion to Dismiss Sprint's Amended Complaints (ECF No. 193) and Level 3's Motions to Dismiss the LECs' Complaints, the Parties shall submit a joint status report proposing appropriate procedures and deadlines for the case. (Ordered by Judge Sidney A Fitzwater on 1/11/2017) (ykp)
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Filing 25
ORDER: This order addresses the procedures for hearing oral argument on the motions to dismiss filed in these cases by defendants Level 3 Communications LLC et al. The court will hear oral argument on Wednesday, 2/15/2017 at 09:00 AM before Judge Sidney A Fitzwater. (Ordered by Judge Sidney A Fitzwater on 1/4/2017) (twd)
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| Filing 24 REPLY filed by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC re: #23 Sur-reply. (Attachments: #1 Exhibit(s) A) (Richardson, Amy) |
| Filing 23 Sur-reply filed by Lead Counsel for the LECs re: #20 Motion to Dismiss for Failure to State a Claim. (Docketed in affected cases only, per Judge Fitzwater. List of affected cases provided by attorney David Vogel: 3:16-cv-00974-D, 3:16-cv-00975-D, 3:16-cv-00977-D, 3:16-cv-00979-D, 3:16-cv-00988-D, 3:16-cv-00989-D, 3:16-cv-00990-D, 3:16-cv-01010-D, 3:16-cv-01105-D, 3:16-cv-01119-D, 3:16-cv-01122-D, 3:16-cv-01123-D, 3:16-cv-01126-D, 3:16-cv-01443-D, 3:16-cv-01605-D, 3:16-cv-01626-D, 3:16-cv-01893-D, 3:16-cv-01980-D, 4:16-cv-00302-D, 3:16-cv-1985-D, 3:16-cv-2210-D) (mem) |
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Filing 22
ORDER: LECs' Motion for Leave to File Surreply filed in MDL-2587 is granted. (Docketed in affected cases only, per Judge Fitzwater. List of affected cases provided by attorney David Vogel: 3:16-cv-00974-D, 3:16-cv-00975-D, 3:16-cv-00977-D, 3:16-cv-00979-D, 3:16-cv-00988-D, 3:16-cv-00989-D, 3:16-cv-00990-D, 3:16-cv-01010-D, 3:16-cv-01105-D, 3:16-cv-01119-D, 3:16-cv-01122-D, 3:16-cv-01123-D, 3:16-cv-01126-D, 3:16-cv-01443-D, 3:16-cv-01605-D, 3:16-cv-01626-D, 3:16-cv-01893-D, 3:16-cv-01980-D, 4:16-cv-00302-D, 3:16-cv-1985-D, 3:16-cv-2210-D) (Ordered by Judge Sidney A Fitzwater on 9/6/2016) (mem) Modified on 9/7/2016 to correct filer (mem). Modified on 9/7/2016 to add additional cases (mem).
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Filing 21
ORDER: The LECs' 8/10/2016 208 motion for leave to file joint motion to strike certain affirmative defenses or for partial judgment on the pleadings on those defenses is denied without prejudice. (Ordered by Judge Sidney A Fitzwater on 8/25/2016) (bdb)
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| Filing 20 Motion to Dismiss for Failure to State a Claim filed by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Richardson, Amy) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT filed by Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC (Richardson, Amy) Modified event text on 5/31/2016 (axm). |
| Filing 18 NOTICE of Attorney Appearance by Amy E Richardson for Amy E. Richardson; William B. Sullivan; John R. Grimm on behalf of Global Crossing Telecommunications Inc, Level 3 Communications LLC, Wiltel Communications LLC. (Richardson, Amy) |
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Filing 17
ORDER re Motion Proposing Schedule For New Actions Involving Level 3 Communications: It is ORDERED that the Motion is granted and the following schedule shall apply to the above-referenced actions, which supersedes and replaces any prior orders or deadlines to the extent inconsistent with this schedule. Furthermore, the parties in the above-referenced actions shall coordinate with parties in the other actions in this Proceeding and attend the scheduling conference as directed in this Court's Mem. Op. and Order, 3/16/2016 (ECF No. 166 in 3:14MD2587-D ) (Ordered by Judge Sidney A Fitzwater on 4/28/2016) (twd)
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Filing 16
ORDER: The parties' 4/14/2016 emergency joint motion to stay defendants' responses to complaints pending joint proposal for further proceedings is granted. (Ordered by Judge Sidney A Fitzwater on 4/18/2016) (sss)
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| Filing 15 CERTIFICATE OF SERVICE by CTC Telcom Inc, Lakeland Communications Group LLC, Union Telephone Company, Wood County Telephone Company re #11 Cert. Of Interested Persons/Disclosure Statement, #12 Cert. Of Interested Persons/Disclosure Statement, #13 Cert. Of Interested Persons/Disclosure Statement, #14 Cert. Of Interested Persons/Disclosure Statement (Modl, Michael) |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wood County Telephone Company. (Modl, Michael) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Union Telephone Company. (Modl, Michael) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lakeland Communications Group LLC. (Modl, Michael) |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CTC Telcom Inc. (Modl, Michael) |
| Filing 10 Case electronically transferred in from District of Wisconsin Western; Case Number 3:16-cv-00036. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 9 Certified Copy of Transfer Order (MDL No. 2587). Case closed. Signed by S. Vance, Chair of Panel on Multidistrict Litigation on 4/7/16. (jat) [Transferred from Wisconsin Western on 4/8/2016.] |
| Filing 8 Transfer Order (Copy). Signed by S. Vance, Chair of Panel on Multidistrict Litigation on 4/7/16. (jat) [Transferred from Wisconsin Western on 4/8/2016.] |
| Filing 7 Waiver of Service Returned Executed by Defendant Wiltel Communications, LLC. Wiltel Communications, LLC waiver sent on 3/30/2016, answer due 5/31/2016. (Modl, Michael) [Transferred from Wisconsin Western on 4/8/2016.] |
| Filing 6 Waiver of Service Returned Executed by Defendant Global Crossing Telecommunications, Inc. Global Crossing Telecommunications, Inc. waiver sent on 3/30/2016, answer due 5/31/2016. (Modl, Michael) [Transferred from Wisconsin Western on 4/8/2016.] |
| Filing 5 Waiver of Service Returned Executed by Defendant Level 3 Communications, LLC. Level 3 Communications, LLC waiver sent on 3/30/2016, answer due 5/31/2016. (Modl, Michael) [Transferred from Wisconsin Western on 4/8/2016.] |
| Action Requested: Counsel for plaintiff requested to promptly file proof of service. (jat) [Transferred from Wisconsin Western on 4/8/2016.] |
| Filing 4 Notice of Tag Along Action sent to MDL. (Attachments: #1 Complaint, #2 Docket Sheet) (jat) [Transferred from Wisconsin Western on 4/8/2016.] |
| Filing 3 Summons Issued as to Global Crossing Telecommunications, Inc., Level 3 Communications, LLC, Wiltel Communications, LLC. (Attachments: #1 Summons Wiltel, #2 Summons Global Crossing) (jat) [Transferred from Wisconsin Western on 4/8/2016.] |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (jat) [Transferred from Wisconsin Western on 4/8/2016.] |
| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (jat) [Transferred from Wisconsin Western on 4/8/2016.] |
| Filing 2 Notice by Plaintiffs CTC Telcom, Inc., Lakeland Communications Group, LLC, Union Telephone Company, Wood County Telephone Company of Related Cases. (Modl, Michael) Modified on 1/15/2016. (lak) [Transferred from Wisconsin Western on 4/8/2016.] |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-1720062.), filed by All Plaintiffs. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons for Level 3 Communications, LLC, #3 Summons for Wiltel Communications, LLC, #4 Summons for Global Crossing Telecommunications, Inc.) (Modl, Michael) [Transferred from Wisconsin Western on 4/8/2016.] |
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