AT&T Services, Inc. v. FCC, et al
COUNTY OF ANNE ARUNDEL, MARYLAND, CITY OF MYRTLE BEACH, SOUTH CAROLINA, MONTGOMERY COUNTY, MARYLAND, CITY OF RYE, NEW YORK, CITY OF AUSTIN, TEXAS, CITY OF HUNTSVILLE, ALABAMA, BLOOMFIELD TOWNSHIP, MICHIGAN, CITY OF BOWIE, MARYLAND, CITY OF LINCOLN, NEBRASKA, CITY OF DALLAS, TEXAS, CLARK COUNTY, NEVADA, AMERICAN PUBLIC POWER ASSOCIATION, CITY OF BOSTON, MASSACHUSETTS, CITY OF COLLEGE PARK, MARYLAND, CITY OF SCARSDALE, NEW YORK, MICHIGAN COALITION TO PROTECT PUBLIC RIGHTS-OF-WAY, DISTRICT OF COLUMBIA, CITY OF TAKOMA PARK, MARYLAND, HOWARD COUNTY, MARYLAND, AT&T SERVICES, INC., CITY OF SEAT PLEASANT, MARYLAND, CITY OF CHICAGO, ILLINOIS, MICHIGAN TOWNSHIPS ASSOCIATION, CITY OF ATLANTA, GEORGIA, TEXAS COALITION OF CITIES FOR UTILITY ISSUES, CITY OF GAITHERSBURG, MARYLAND, CITY OF EUGENE, OREGON, CITY OF PHILADELPHIA, PENNSYLVANIA, MERIDIAN TOWNSHIP, MICHIGAN, CITY OF OMAHA, NEBRASKA and CITY OF ANN ARBOR, MICHIGAN |
FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA |
CITY OF ISSAQUAH, WASHINGTON, TOWN OF HILLSBOROUGH, CALIFORNIA, CITY OF LOS ANGELES, CALIFORNIA, NATIONAL LEAGUE OF CITIES, TOWN OF OCEAN CITY, MARYLAND, CITY OF BURIEN, WASHINGTON, CITY OF BALTIMORE, MARYLAND, COUNTY OF MARIN, CALIFORNIA, INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, COUNTY OF LOS ANGELES, CALIFORNIA, CITY OF PAPILLION, NEBRASKA, CITY OF ALBUQUERQUE, NEW MEXICO, CITY OF PORTLAND, OREGON, CITY AND COUNTY OF SAN FRANCISCO, California, CITY OF BELLEVUE, WASHINGTON, CITY OF YUMA, ARIZONA, CITY OF RANCHO PALOS VERDES, CALIFORNIA, CITY OF TUMWATER, WASHINGTON, COLORADO COMMUNICATIONS AND UTILITY ALLIANCE, CITY OF MEDINA, WASHINGTON, CITY OF PIEDMONT, CALIFORNIA, CITY OF BURLINGAMER, CALIFORNIA, CITY OF SUGARLAND, TEXAS, CITY OF SANTA MONICA, CALIFORNIA, CITY OF BAKERSFIELD, California, CITY OF LA VISTA, NEBRASKA, TOWN OF YARROW POINT, WASHINGTON, TOWN OF FAIRFAX, CALIFORNIA, CITY OF OLYMPIA, WASHINGTON, CITY OF FRESNO, CALIFORNIA, CITY OF SAN JOSE, CALIFORNIA, CITY OF CULVER CITY , CALIFORNIA, CITY OF SAN BRUNO, CALIFORNIA, CITY OF COCONUT CREEK, FLORIDA, CITY OF PLANO, TEXAS, CITY OF KIRKLAND, WASHINGTON, CITY OF MONTEREY, CALIFORNIA, CITY OF GIG HARBOR, WASHIINGTON, CITY OF ROCKVILLE, MARYLAND, CITY OF ARCADIA, CALIFORNIA, CITY OF BROOKHAVEN, GEORGIA, INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION, CONTRA COSTA COUNTY, CALIFORNIA, CITY OF ONTARIO, CALIFORNIA, CITY OF LAS VEGAS, NEVADA, CITY OF LACEY, WASHINGTON, CITY OF EMERYVILLE, CALIFORNIA, RAINIER COMMUNICATIONS COMMISSION, LEAGUE OF NEBRASKA MUNICIPALITIES, TOWN OF CORTE MADERA, CALIFORNIA, CITY OF SHAFTER, CALIFORNIA, CITY OF SAN JACINTO, CALIFORNIA, CITY OF DUBUQUE, IOWA, CITY OF WESTMINISTER, MARYLAND, MICHIGAN MUNICIPAL LEAGUE, THURSTON COUNTY, WASHINGTON and NATIONAL ASSOCIATION OF TELECOMMUNICATIONA OFFICERS AND ADVISORS |
19-70326 |
February 6, 2019 |
U.S. Court of Appeals, Ninth Circuit |
Other |
Docket Report
This docket was last retrieved on March 28, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 15 Filed order (Appellate Commissioner): A panel of this court referred to the Appellate Commissioner two separate consolidated petitions for review, No. 18-72689 (lead appeal) and 19-70123 (lead appeal), to conduct an appeal case management conference pursuant to Ninth Circuit Rule 33-1 advisory committees note (b). On April 18, 2019 at 1 pm Pacific Time in Courtroom Five at the James R. Browning United States Courthouse, 95 Seventh Street, San Francisco, CA 94103-1526, Appellate Commissioner Peter L. Shaw will conduct a case management conference with counsel addressing scheduling, briefing, related agency proceedings, and other matters. See Fed. R. App. P. 33; 9th Cir. R. 33-1; 9th Cir. R. 33-1 advisory committees note (b). Counsel for the parties shall consult with their clients and with opposing counsel to propose at the case conference a schedule for briefing these petitions for review. Counsel for the parties shall also consult with their clients and co-counsel and, if feasible, designate one or more counsel to represent the interests of other parties or co-counsel at the case conference. (Appellate Commissioner) [11245013] [18-72689, 19-70490, 19-70123, 19-70124, 19-70125, 19-70136, 19-70144, 19-70145, 19-70146, 19-70147, 19-70326, 19-70339, 19-70341, 19-70344] (DL) [Entered: 03/28/2019 10:31 AM] |
Filing 14 Filed order (RICHARD C. TALLMAN and MARY H. MURGUIA) Respondent Federal Communications Commissions motion to consolidate petition Nos. 19-70123, 19-70124, 19-70125, 19-70136, 19-70144, 19-70145, 19-70146, and 19-70147 with petition Nos. 19-70326, 19-70339, 19-70341, 19-70344 is granted (Docket Entry No. [ # 11206729-2 ] in 19-70123). These petitions are consolidated. The above consolidated petitions shall be assigned to the panel assigned to decide the merits of petition Nos. 18-72689 and 19-70490. The motion for a case management conference is granted (Docket Entry No. [ # 11167166-5 ] in 19-70123). We refer these consolidated petitions, and consolidated petition Nos. 18-72689 and 19-70490, to the courts special master, Appellate Commissioner Peter L. Shaw, to conduct a case management conference with the parties. The special master shall consider any issues he deems appropriate to manage the petitions effectively, including but not limited to the development of a briefing plan for the above-listed fourteen petitions. See Fed. R. App. P. 48; 9th Cir. R. 33-1, Note(b). The case management conference will be scheduled by separate order of the special master. Respondent FCCs opposed motion to hold these petitions in abeyance and defer filing the administrative records is granted in part (Docket Entry No. [ # 11206729-2 ] in 19-70123). Proceedings in these consolidated petitions other than the case management conference are stayed pending the case management conference. Briefing is suspended pending further order of the court following the case management conference. [11235213] [19-70123, 19-70124, 19-70125, 19-70136, 19-70144, 19-70145, 19-70146, 19-70147, 19-70326, 19-70339, 19-70341, 19-70344]--[Edited 03/20/2019 by BY][COURT UPDATE: Corrected PDF ATtached, resent NDA,--[Edited 03/20/2019 by BY] (WL) [Entered: 03/20/2019 10:04 AM] |
Filing 13 Filed (ECF) Respondent FCC reply to response (). Date of service: 03/14/2019. [11228619] [19-70326] (Noveck, Scott) [Entered: 03/14/2019 05:27 PM] |
Filing 12 Filed (ECF) Intervenors City of Coconut Creek, Florida, City of Lacey, Washington, City of Olympia, Washington, City of Rancho Palos Verdes, California, City of Tumwater, Washington, Colorado Communications and Utility Alliance, Rainier Communications Commission, Thurston County, Washington and Town of Yarrow Point, Washington reply to response (motion to consolidate cases, motion to stay appellate proceedings). Date of service: 03/07/2019. [11220527] [19-70326] (Fellman, Kenneth) [Entered: 03/07/2019 10:55 PM] |
Filing 11 Filed (ECF) Intervenors City of Albuquerque, New Mexico, City of Arcadia, California, City of Baltimore, Maryland, City of Bellevue, Washington, City of Brookhaven, Georgia, City of Burien, Washington, City of Burlingamer, California, City of Culver City , California, City of Dubuque, Iowa, City of Emeryville, California, City of Gig Harbor, Washiington, City of Issaquah, Washington, City of Kirkland, Washington, City of La Vista, Nebraska, City of Las Vegas, Nevada, City of Los Angeles, California, City of Medina, Washington, City of Monterey, California, City of Ontario, California, City of Papillion, Nebraska, City of Piedmont, California, City of Plano, Texas, City of Portland, Oregon, City of Rockville, Maryland, City of San Bruno, California, City of San Jacinto, California, City of San Jose, California, City of Santa Monica, California, City of Shafter, California, City of Sugarland, Texas, City of Yuma, Arizona, County of Los Angeles, California, League of Nebraska Municipalities, Michigan Municipal League, National League of Cities, Town of Fairfax, California, Town of Hillsborough, California and Town of Ocean City, Maryland response to motion ([ # 8 ] Motion (ECF Filing), [ # 8 ] Motion (ECF Filing) motion to consolidate cases, [ # 8 ] Motion (ECF Filing) motion to stay appellate proceedings). Date of service: 03/07/2019. [11219906] [19-70326]--[COURT UPDATE: Edited docket text to reflect correct filing type. 03/08/2019 by RY] (Van Eaton, Joseph) [Entered: 03/07/2019 02:13 PM] |
Filing 10 Filed (ECF) Intervenors City and County of San Francisco, City of Westminister, Maryland, Contra Costa County, California, County of Marin, California and Town of Corte Madera, California response opposing motion ([ # 8 ] Motion (ECF Filing), [ # 8 ] Motion (ECF Filing) motion to consolidate cases, [ # 8 ] Motion (ECF Filing) motion to stay appellate proceedings). Date of service: 03/07/2019. [11219622] [19-70326] (Lay, Tillman) [Entered: 03/07/2019 12:27 PM] |
Filing 9 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11208871] (BS) [Entered: 02/26/2019 05:45 PM] |
Filing 8 Filed (ECF) Respondent FCC Motion to consolidate cases 19-70123, 19-70124, 19-70125, 19-70136, 19-70144, 19-70145, 19-70146, 19-70147, 19-70148, 19-70326, 19-70339, 19-70341, 19-70344, Motion to stay appellate proceedings. Date of service: 02/25/2019. [11206741] [19-70326] (Noveck, Scott) [Entered: 02/25/2019 03:34 PM] |
Filing 7 Entered appearance of Intervenors City of Culver City , California, City of Gig Harbor, Washiington, City of Issaquah, Washington, City of Kirkland, Washington, City of Las Vegas, Nevada, City of Los Angeles, California, City of Monterey, California, City of Ontario, California, City of Piedmont, California, City of Portland, Oregon, City of San Jacinto, California, City of San Jose, California, City of Shafter, California, City of Yuma, Arizona, County of Los Angeles, California and Town of Fairfax, California. [11191500] (BY) [Entered: 02/15/2019 09:27 AM] |
Filing 6 Entered appearance of Intervenors City of Plano, Texas, City of Rancho Palos Verdes, California, City of Rockville, Maryland, City of San Bruno, California, City of Santa Monica, California, City of Sugarland, Texas, City of Tumwater, Washington, City of Westminister, Maryland, Colorado Communications and Utility Alliance, Contra Costa County, California, County of Marin, California, International City/County Management Association, IMLA, League of Nebraska Municipalities, National Association of Telecommunicationa Officers and Advisors, Rainier Communications Commission, Thurston County, Washington, Town of Corte Madera, California, Town of Hillsborough, California, Town of Yarrow Point, Washington, City of Arcadia, California, City of Bellevue, Washington, City of Burien, Washington and City of Burlingamer, California. [11191431] (BY) [Entered: 02/15/2019 09:14 AM] |
Filing 5 Entered appearance of Intervenors City of Baltimore, Maryland, City and County of San Francisco, Michigan Municipal League, City of Albuquerque, New Mexico, National League of Cities, City of Bakersfield, Town of Ocean City, Maryland, City of Brookhaven, Georgia, City of Coconut Creek, Florida, City of Dubuque, Iowa, City of Emeryville, California, City of Fresno, California, City of La Vista, Nebraska, City of Lacey, Washington, City of Medina, Washington, City of Olympia, Washington and City of Papillion, Nebraska. [11191354] (BY) [Entered: 02/15/2019 08:56 AM] |
Filing 4 The Mediation Questionnaire for this case was filed on 02/13/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11188897] (AD) [Entered: 02/13/2019 12:44 PM] |
Filing 3 Filed (ECF) Petitioner AT&T Services, Inc. Mediation Questionnaire. Date of service: 02/13/2019. [11188706] [19-70326] (Lev, Sean) [Entered: 02/13/2019 11:24 AM] |
Filing 2 Terminated Non-Party Petitioners American Public Power Association, Bloomfield Township, Michigan, City of Ann Arbor, Michigan, City of Atlanta, Georgia, City of Austin, Texas, City of Boston, Massachusetts, City of Bowie, Maryland, City of Chicago, Illinois, City of College Park, Maryland, City of Dallas, Texas, City of Eugene, Oregon, City of Gaithersburg, Maryland, City of Huntsville, Alabama, City of Lincoln, Nebraska, City of Myrtle Beach, South Carolina, City of Omaha, Nebraska, City of Philadelphia, Pennsylvania, City of Rye, New York, City of Scarsdale, New York, City of Seat Pleasant, Maryland, City of Takoma Park, Maryland, Clark County, Nevada, County of Anne Arundel, Maryland, District of Columbia, Howard County, Maryland, Meridian Township, Michigan, Michigan Coalition to Protect Public Rights-of-Way, Michigan Townships Association, Montgomery County, Maryland and Texas Coalition of Cities for Utility Issues in 19-70326 [11183993] (HH) [Entered: 02/08/2019 11:28 AM] |
Filing 1 FILED (Transferred) PETITION FOR REVIEW. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED RESPONDENTS OF FILING. SEND MQ: Yes. Mediation Questionnaire due on 02/13/2019. Petitioner brief due 04/29/2019 for AT&T Services, Inc. Respondent brief due 05/28/2019 for Federal Communications Commission and United States of America. Petitioner's optional reply brief is due 21 days after service of the answering brief. (Transferred from USCA-Dist of Columbia case #18-1294 via 2/5/19 order) [11181538] --[COURT UPDATE: To update docket to terminate non-party petitioners; resent NDA - 02/08/2019 by HH] (HC) [Entered: 02/06/2019 02:57 PM] |
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