AT&T Inc v. FCC
| FEDERAL COMMUNICATION COMMISSION |
| AT&T INC |
| UNITED STATES OF AMERICA |
| COMPTEL |
| 08-4024 |
| September 26, 2008 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 6, 2010. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NOTICE from U.S. Supreme Court. Petition for Writ of Certiorari filed by Federal Communication Commission on 04/22/2010. Supreme Court Case No. 09-1279. (CRG) |
| U.S. Supreme Court Letter dated 03/15/2010 granting Respondent FCC an extension of time to and including 04/22/2010 to file petition for writ of certiorari. Supreme Court Application No. 09A742. (CRG) |
| U.S. Supreme Court Letter dated 02/12/2010 granting Respondent FCC an extension of time to and including 03/23/2010 to file petition for writ of certiorari. Supreme Court Application No. 09A742. (CRG) |
| Filing 64 MANDATE ISSUED, filed. (TMK) |
| RECORD released. (TMK) |
Filing 63
ORDER (SCIRICA, Chief Judge, MCKEE, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, Authoring Judge, JORDAN and HARDIMAN, Circuit Judges) denying Petition for Rehearing by Respondent FCC, filed. (TMK)
|
| Filing 62 ECF FILER: Petition filed by Respondent FCC for Rehearing before original panel and the court en banc. Certificate of Service dated 11/06/2009. (HCW) |
| Filing 61 ECF FILER: ENTRY OF APPEARANCE from Henry C. Whitaker on behalf of Respondent(s) Federal Communications Commission. (HCW) |
| Filing 60 ECF FILER: ENTRY OF APPEARANCE from John S. Koppel on behalf of Respondent(s) Federal Communications Commission. (JSK) |
| Filing 59 JUDGMENT Granting AT&T's petition for review and Remand the matter to the FCC. (TMK) |
|
Filing 58
PRECEDENTIAL OPINION Coram: FUENTES, CHAGARES, Authoring Judge and *TASHIMA, Circuit Judges. Total Pages: 16. * Judge Tashima Senior Judge for the United States Court of Appeals for the Ninth Circuit, sitting by designation. (TMK)
|
| Filing 57 ECF FILER: Response filed by Respondent FCC to Rule 28(j) letter. Certificate of Service dated 06/03/2009. This document will be SENT TO THE MERITS PANEL, if/when applicable. (MAK) |
| Filing 56 ECF FILER: Letter dated 05/29/2009 , filed pursuant to Rule 28(j) from counsel for Petitioner AT&T Inc. This document will be SENT TO THE MERITS PANEL, if/when applicable. (CSS) |
| ARGUED on Friday, March 13, 2009 before FUENTES, CHAGARES and *TASHIMA, CIrcuit Judges. Mary C. Albert arguing for Intervenor Respondent Comptel; Michael A. Krasnow arguing for Respondent Federal Communication Commission; Colin S. Stretch arguing for Petitioner AT&T Inc. *(U.S. Court of Appeals for the Ninth Circuit, sitting by designation) (CMH) |
|
Filing 54
ORDER (FUENTES, CHAGARES and *TASHIMA, Circuit Judges) granting the Motion by Intervenor Comptel to present five minutes of oral argument and granting the Petitioner, AT&T's Inc.'s request to enlarge its time to 20 minutes. Therefore, both sides will have 20 minutes argue time, filed. Julio M. Fuentes, Authoring Judge. (*U.S. Court of Appeals for the Ninth Circuit, sitting by designation.) (TLW)
|
| Filing 53 Response filed by Petitioner AT&T Inc to Intervenor Comptel's Motion to Present Argument. Certificate of Service dated 03/04/2009. (CSS) |
| Filing 52 Response filed by Respondent FCC to Intervenor Comptel's Motion to Present Argument. Certificate of Service dated 03/03/2009. (MAK) |
| Filing 51 Motion filed by Intervenor Respondent Comptel requesting oral argument. Certificate of Service dated 03/02/2009. (MCA) |
| Filing 50 Oral Argument Notification for Friday, 03/13/2009. (PM) |
| COMPLIANCE RECEIVED. corrected color covers for Appellant's Reply Brief.. (LAL) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE: ECF FILER ERROR of February 3, 2009 ERROR: ECF filer error message docketed in incorrect case #08-4024 CORRECTION: ECF filer error deleted from case # 08-4024 and added to proper case 08-3071. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (LAL) |
| Filing 46 NONCOMPLIANCE Order sent to Petitioner AT&T Inc requesting corrected color covers for Appellant's Reply Brief. Compliance due 02/05/2009. (LAL) |
| HARD COPY RECEIVED from Petitioner AT&T Inc - Reply Brief with Addendum attached. Copies: 10. (LAL) |
| Filing 45 ELECTRONIC REPLY BRIEF with Addendum attached on behalf of Petitioner AT&T Inc, filed. Certificate of Service dated 01/30/2009 by US mail. (CSS) |
| HARD COPY RECEIVED from Respondents FCC and USA - Addendum to Brief. Copies: 10. (EAF) |
| Filing 42 ELECTRONIC ADDENDUM to BRIEF on behalf of Respondents FCC and USA , filed. Manner of Service: electronic, Certificate of Service dated 01/22/2009. (MAK) |
| Filing 40 NONCOMPLIANCE Order sent to Respondents FCC and USA requesting Addendum to brief including amended conclusion page with both signatures of counsel for Respondent's Brief. Compliance due 01/27/2009. (EAF) |
| ECF FILER ERROR: Intervenor Respondent Brief received on 1/16/09. ERROR: Filer did not indicate attachments from drop-down menu. CORRECTION: "With Addendum attached" selected from the drop-down menu. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (EAF) |
| COMPLIANCE RECEIVED. Addendum to brief of Respondents filed. (MS) |
| HARD COPY RECEIVED from Respondent FCC - Brief with Addendum attached. Copies: 10. (MS) |
| HARD COPY RECEIVED from Intervenor Respondent Comptel - Intervenor Brief with Addendum attached. Copies: 10. (EAF) |
| Filing 37 ELECTRONIC BRIEF with Addendum attached on behalf of Respondents FCC and USA, filed. Certificate of Service dated 01/16/2009 by US mail, email. (MAK) |
| Filing 36 ELECTRONIC BRIEF with Addendum attached on behalf of Intervenor Respondent Comptel in support of Appellee/Respondent, filed. Certificate of Service dated 01/16/2009 by US mail.--[Edited 01/22/2009 by EAF] (MCA) |
| Filing 35 ARGUMENT ACKNOWLEDGMENT filed by Attorney Michael A. Krasnow, Esq. for Respondent FCC. Certificate of Service dated 01/15/2009. (MAK) |
| Filing 34 ARGUMENT ACKNOWLEDGMENT filed by Attorney Colin S. Stretch, Esq. for Petitioner AT&T Inc. Certificate of Service dated 01/14/2009. (CSS) |
| Filing 33 ARGUMENT ACKNOWLEDGMENT filed by Attorney Mary C. Albert, Esq. for Intervenor Respondent Comptel. Certificate of Service dated 01/13/2009. (MCA) |
| Filing 32 Calendared for Friday, 03/13/2009. (CMH) |
| HARD COPY RECEIVED from Petitioner AT&T Inc - Brief with Addendum and Volume I of Appendix attached. Copies: 10. (EMA) |
| HARD COPY RECEIVED from Petitioner AT&T Inc - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (EMA) |
| Filing 28 ELECTRONIC APPENDIX on behalf of Petitioner AT&T Inc, filed. Volumes: 2 (Volume I attached to brief). Manner of Service: electronic. Certificate of Service dated 12/19/2008. (CSS) |
| Filing 27 ELECTRONIC BRIEF with Addendum and Volume I of Appendix attached on behalf of Petitioner AT&T Inc, filed. Words: 11300, Manner of Service: electronic. Certificate of service dated 12/19/2008.--[Edited 12/26/2008 by EMA] (CSS) |
| ECF FILER ERROR: Opening Brief. ERROR: docket entry text did not include all documents filed. CORRECTION: docket entry edited appropriately. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (EMA) |
| Filing 26 DISCLOSURE STATEMENT on behalf of Intervenor Respondent Comptel, filed. (TMK) |
| Filing 25 ENTRY OF APPEARANCE by Attorney Mary C. Albert, Esq. for Intervenor Respondent Comptel, filed. (TMK) |
| Filing 24 CERTIFIED LIST IN LIEU OF RECORD, filed. (TMK) |
| Filing 23 CLERK ORDER establishing briefing schedule deadlines as set forth in the motion to expedite, filed. (TMK) |
|
Filing 22
ORDER (MCKEE, Authoring Judge, FISHER and CHAGARES, Circuit Judges) granting Motion to expedite appeal filed by Respondent FCC, filed. Panel No.: BCO-6. (TMK)
|
| Filing 21 FOLLOW UP LETTER to Mary C. Albert, Esq. for Comptel requesting the following document(s): Appearance Form on or before 12/03/2008. Disclosure Statement on or before 12/03/2008. (TMK) |
| Filing 20 DISCLOSURE STATEMENT on behalf of Petitioner AT&T Inc, filed. (MLR) |
| Filing 19 AGENCY DOCKETING STATEMENT on behalf of Petitioner AT&T Inc, received. (MLR) |
| Filing 18 ENTRY OF APPEARANCE filed by Attorney Kelly P. Dunbar, Esq. for Petitioner AT&T Inc. (MLR) |
| Filing 17 ENTRY OF APPEARANCE filed by Attorney Colin S. Stretch, Esq. for Petitioner AT&T Inc. (MLR) |
| Filing 16 FOLLOW UP LETTER to Colin S. Stretch, Esq. for AT&T Inc requesting the following document(s): Appearance Form on or before 11/12/2008. Disclosure Statement on or before 11/12/2008. Agency Docketing Statement on or before 11/12/2008. (TMK) |
| Filing 15 CLERK ORDER granting Motion to intervene by Comptel, filed.--[Edited 11/10/2008 by TMK] (TMK) |
| Filing 14 MOTION by Petitioner AT&T Inc withdrawing motion for stay pending appeal, filed. Certificate of Service dated 10/06/2008. (TMK) |
| Filing 13 ENTRY OF APPEARANCE by Attorney Robert J. Wiggers, Esq. for Respondent USA, filed. (TMK) |
| Filing 12 ENTRY OF APPEARANCE by Attorney Catherine G. O'Sullivan, Esq. for Respondent USA, filed. (TMK) |
| Filing 11 MOTION by Respondent FCC to Expedite Appeal, filed. Certificate of Service dated 10/03/2008. (TMK) |
| Filing 10 RESPONSE on behalf of Respondent FCC to clerk order adressing venue, filed. Certificate of Service dated 10/03/2008. (TMK) |
| Filing 9 RESPONSE on behalf of Respondent FCC to Motion to stay pending appeal, filed. Certificate of Service dated 10/03/2008. (TMK) |
| Filing 8 ENTRY OF APPEARANCE by Attorney Michael A. Krasnow, Esq. for Respondent FCC, filed. (TMK) |
| Filing 7 RESPONSE on behalf of Petitioner AT&T Inc to clerk order addressing venue under 28 U.S.C. Section 2343, filed. Certificate of Service dated 10/02/2008. (TMK) |
| Filing 6 MOTION by Proposed Intervenor Respondent Comptel for Leave to Intervene, filed. Certificate of Service dated 09/29/2008. (TMK) |
| Filing 5 Order (Clerk) The above-captioned petition for review and motion for stay pending judicial review were filed in this Court on September 26, 2008. Petitioner seeks review of a decision of the Federal Communications Commission denying an application for review. Under 28 U.S.C. Section 2343, the proper venue is in the judicial circuit in which petitioner has its principal office or in the United States Court of Appeals for the District of Columbia Circuit. See 28 U.S.C. Section 2343. The parties are hereby ORDERED to address this Court’s authority to review the decision. The parties should specifically address whether incorporation in the State of Delaware is sufficient to establish venue in this Circuit. See also Kelly v. United States Steel Corporation, 284 F.2d 850 (3d Cir. 1960). Written responses addressing this issue and any responses to the motion for stay pending judicial review must be filed and served on or before October 6, 2008, filed. (TMK) |
|
Filing 4
ORDER (Clerk) directing the agency to file the record or certified list in lieu of record. (TMK)
|
| Filing 3 DISCLOSURE STATEMENT on behalf of Petitioner AT&T Inc, filed. (TMK) |
| Filing 2 MOTION by Petitioner AT&T Inc to Stay Pending Judicial Review, filed. Certificate of Service dated 09/25/2008. (TMK) |
| Filing 1 AGENCY CASE DOCKETED. Petition filed by AT&T Inc. Service made on 09/25/2008. USCA Receipt No. 4303. Receipt date 09/29/2008. (TMK) |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
