AT&T Inc v. FCC Featured Case

Respondent: FEDERAL COMMUNICATION COMMISSION
Not Party - Petitioner: AT&T INC
Not Party - Respondent: UNITED STATES OF AMERICA
Not Party - Intervenor Respondent: COMPTEL
Case Number: 08-4024
Filed: September 26, 2008
Court: U.S. Court of Appeals, Third Circuit
Nature of Suit: Other

Docket Report

This docket was last retrieved on October 6, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2010 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)
March 16, 2010 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)
February 16, 2010 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)
December 1, 2009 RECORD released. (TMK)
December 1, 2009 Filing 64 MANDATE ISSUED, filed. (TMK)
November 23, 2009 Opinion or Order 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)
November 6, 2009 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)
October 28, 2009 Filing 61 ECF FILER: ENTRY OF APPEARANCE from Henry C. Whitaker on behalf of Respondent(s) Federal Communications Commission. (HCW)
October 22, 2009 Filing 60 ECF FILER: ENTRY OF APPEARANCE from John S. Koppel on behalf of Respondent(s) Federal Communications Commission. (JSK)
September 22, 2009 Filing 59 JUDGMENT Granting AT&T's petition for review and Remand the matter to the FCC. (TMK)
September 22, 2009 Opinion or Order 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)
June 3, 2009 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)
May 29, 2009 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)
March 13, 2009 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)
March 4, 2009 Opinion or Order 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)
March 4, 2009 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)
March 3, 2009 Filing 52 Response filed by Respondent FCC to Intervenor Comptel's Motion to Present Argument. Certificate of Service dated 03/03/2009. (MAK)
March 2, 2009 Filing 51 Motion filed by Intervenor Respondent Comptel requesting oral argument. Certificate of Service dated 03/02/2009. (MCA)
February 26, 2009 Filing 50 Oral Argument Notification for Friday, 03/13/2009. (PM)
February 3, 2009 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)
February 3, 2009 COMPLIANCE RECEIVED. corrected color covers for Appellant's Reply Brief.. (LAL)
February 2, 2009 HARD COPY RECEIVED from Petitioner AT&T Inc - Reply Brief with Addendum attached. Copies: 10. (LAL)
February 2, 2009 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)
January 30, 2009 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)
January 23, 2009 HARD COPY RECEIVED from Respondents FCC and USA - Addendum to Brief. Copies: 10. (EAF)
January 22, 2009 COMPLIANCE RECEIVED. Addendum to brief of Respondents filed. (MS)
January 22, 2009 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)
January 22, 2009 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)
January 22, 2009 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)
January 20, 2009 HARD COPY RECEIVED from Intervenor Respondent Comptel - Intervenor Brief with Addendum attached. Copies: 10. (EAF)
January 20, 2009 HARD COPY RECEIVED from Respondent FCC - Brief with Addendum attached. Copies: 10. (MS)
January 16, 2009 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)
January 16, 2009 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)
January 15, 2009 Filing 35 ARGUMENT ACKNOWLEDGMENT filed by Attorney Michael A. Krasnow, Esq. for Respondent FCC. Certificate of Service dated 01/15/2009. (MAK)
January 14, 2009 Filing 34 ARGUMENT ACKNOWLEDGMENT filed by Attorney Colin S. Stretch, Esq. for Petitioner AT&T Inc. Certificate of Service dated 01/14/2009. (CSS)
January 13, 2009 Filing 33 ARGUMENT ACKNOWLEDGMENT filed by Attorney Mary C. Albert, Esq. for Intervenor Respondent Comptel. Certificate of Service dated 01/13/2009. (MCA)
January 8, 2009 Filing 32 Calendared for Friday, 03/13/2009. (CMH)
December 22, 2008 HARD COPY RECEIVED from Petitioner AT&T Inc - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (EMA)
December 22, 2008 HARD COPY RECEIVED from Petitioner AT&T Inc - Brief with Addendum and Volume I of Appendix attached. Copies: 10. (EMA)
December 19, 2008 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)
December 19, 2008 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)
December 19, 2008 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)
November 21, 2008 Filing 26 DISCLOSURE STATEMENT on behalf of Intervenor Respondent Comptel, filed. (TMK)
November 21, 2008 Filing 25 ENTRY OF APPEARANCE by Attorney Mary C. Albert, Esq. for Intervenor Respondent Comptel, filed. (TMK)
November 19, 2008 Filing 24 CERTIFIED LIST IN LIEU OF RECORD, filed. (TMK)
November 19, 2008 Filing 23 CLERK ORDER establishing briefing schedule deadlines as set forth in the motion to expedite, filed. (TMK)
November 19, 2008 Opinion or Order 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)
November 19, 2008 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)
October 29, 2008 Filing 20 DISCLOSURE STATEMENT on behalf of Petitioner AT&T Inc, filed. (MLR)
October 29, 2008 Filing 19 AGENCY DOCKETING STATEMENT on behalf of Petitioner AT&T Inc, received. (MLR)
October 29, 2008 Filing 18 ENTRY OF APPEARANCE filed by Attorney Kelly P. Dunbar, Esq. for Petitioner AT&T Inc. (MLR)
October 29, 2008 Filing 17 ENTRY OF APPEARANCE filed by Attorney Colin S. Stretch, Esq. for Petitioner AT&T Inc. (MLR)
October 28, 2008 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)
October 10, 2008 Filing 15 CLERK ORDER granting Motion to intervene by Comptel, filed.--[Edited 11/10/2008 by TMK] (TMK)
October 7, 2008 Filing 14 MOTION by Petitioner AT&T Inc withdrawing motion for stay pending appeal, filed. Certificate of Service dated 10/06/2008. (TMK)
October 6, 2008 Filing 13 ENTRY OF APPEARANCE by Attorney Robert J. Wiggers, Esq. for Respondent USA, filed. (TMK)
October 6, 2008 Filing 12 ENTRY OF APPEARANCE by Attorney Catherine G. O'Sullivan, Esq. for Respondent USA, filed. (TMK)
October 6, 2008 Filing 11 MOTION by Respondent FCC to Expedite Appeal, filed. Certificate of Service dated 10/03/2008. (TMK)
October 6, 2008 Filing 10 RESPONSE on behalf of Respondent FCC to clerk order adressing venue, filed. Certificate of Service dated 10/03/2008. (TMK)
October 6, 2008 Filing 9 RESPONSE on behalf of Respondent FCC to Motion to stay pending appeal, filed. Certificate of Service dated 10/03/2008. (TMK)
October 6, 2008 Filing 8 ENTRY OF APPEARANCE by Attorney Michael A. Krasnow, Esq. for Respondent FCC, filed. (TMK)
October 3, 2008 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)
September 30, 2008 Filing 6 MOTION by Proposed Intervenor Respondent Comptel for Leave to Intervene, filed. Certificate of Service dated 09/29/2008. (TMK)
September 29, 2008 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)
September 29, 2008 Opinion or Order Filing 4 ORDER (Clerk) directing the agency to file the record or certified list in lieu of record. (TMK)
September 26, 2008 Filing 3 DISCLOSURE STATEMENT on behalf of Petitioner AT&T Inc, filed. (TMK)
September 26, 2008 Filing 2 MOTION by Petitioner AT&T Inc to Stay Pending Judicial Review, filed. Certificate of Service dated 09/25/2008. (TMK)
September 26, 2008 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)

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Not party - petitioner: AT&T INC
Represented By: Kelly P. Dunbar
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Respondent: FEDERAL COMMUNICATION COMMISSION
Represented By: John S. Koppel
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Not party - respondent: UNITED STATES OF AMERICA
Represented By: Catherine G. O'Sullivan
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Not party - intervenor respondent: COMPTEL
Represented By: Mary C. Albert
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