UNITED STATES OF AMERICA et al v. DEUTSCHE TELEKOM AG et al
| STATE OF NEBRASKA, STATE OF OHIO, STATE OF KANSAS, STATE OF SOUTH DAKOTA, STATE OF OKLAHOMA, UNITED STATES OF AMERICA, STATE OF LOUISIANA, STATE OF FLORIDA, STATE OF ARKANSAS, STATE OF COLORADO and STATE OF TEXAS |
| SOFTBANK GROUP CORP., T-MOBILE US, INC., DEUTSCHE TELEKOM AG, SPRINT CORPORATION and DISH NETWORK CORPORATION |
| NTCH, INC. |
| NEW AMERICA'S OPEN TECHNOLOGY INSTITUTE, HAL SINGER, STATE OF NEW YORK, THOMAS PHILIPPON, NICHOLAS ECONOMIDES, JOHN KWOKA, PREPAID WIRELESS GROUP, LLC, INCOMPAS, LAWRENCE WHITE, HAROLD FURCHTGOTT-ROTH, CONSUMER REPORTS, MARSHALL STEINBAUM, ROBERT C. SEAMANS, ROBERT E. WHEELER and RURAL WIRELESS ASSOCIATION, INC. |
| 1:2019cv02232 |
| July 26, 2019 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Anti-Trust |
| 15 U.S.C. § 15 Antitrust Litigation |
| None |
Docket Report
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This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.
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Filing 92
NOTICE of Appearance by Bryan Cleveland on behalf of STATE OF OKLAHOMA (Cleveland, Bryan)
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Filing 91
NOTICE of Appearance by Adam Seth Paris on behalf of DISH NETWORK CORPORATION (Paris, Adam)
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MINUTE ORDER granting the #90 Unopposed Renewed Motion for Admission Pro Hac Vice of Adam S. Paris. Attorney Adam S. Paris is hereby admitted pro hac vice to appear in this matter on behalf of Defendant DISH Network Corporation. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Timothy J. Kelly on 4/5/2022. (lctjk1)
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Filing 90
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adam S. Paris, Filing fee $ 100, receipt number ADCDC-9142651. Fee Status: Fee Paid. by DISH NETWORK CORPORATION. (Attachments: #1 Declaration of Adam S. Paris, #2 Text of Proposed Order)(Smith, Bradley)
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Filing 89
NOTICE OF WITHDRAWAL OF APPEARANCE as to DISH NETWORK CORPORATION. Attorney Steven L. Holley terminated. (Holley, Steven)
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MINUTE ORDER denying without prejudice Defendant DISH Network Corporation's #88 Unopposed Motion for Admission Pro Hac Vice of Adam S. Paris. Local Civil Rule 83.2(d) requires attorneys seeking admission pro hac vice to include "a certification that the attorney either has or has not been disciplined by any bar, and if the attorney has been disciplined by any bar, the circumstances and details of the discipline." Attorney Adam S. Paris certifies that he has not been disciplined by any court but does not certify whether he has been disciplined by any bar. Therefore, it is hereby ORDERED that the #88 Motion is DENIED without prejudice. Signed by Judge Timothy J. Kelly on 3/31/2022. (lctjk1)
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Filing 88
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adam S. Paris, Filing fee $ 100, receipt number ADCDC-9139370. Fee Status: Fee Paid. by DISH NETWORK CORPORATION. (Attachments: #1 Declaration of Adam S. Paris, #2 Text of Proposed Order)(Smith, Bradley)
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Filing 87
NOTICE of De Minimis Modification of Divested Assets by UNITED STATES OF AMERICA (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Young, Frederick)
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Filing 86
MEMORANDUM OPINION in support of #84 Order granting #44 Motion for Entry of Final Judgment and #85 Final Judgment. Signed by Judge Timothy J. Kelly on 4/14/2020. (lctjk1) (Main Document 86 replaced with corrected version on 4/15/2020) (zkh).
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Filing 85
FINAL JUDGMENT. Signed by Judge Timothy J. Kelly on 4/1/2020. (lctjk1)
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Filing 84
ORDER granting #44 Motion for Entry of Final Judgment. See Order for details. An opinion in support of this Order shall follow. Signed by Judge Timothy J. Kelly on 4/1/2020. (lctjk1).
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Filing 83
TRANSCRIPT OF TELEPHONE STATUS CONFERENCE before Judge Timothy J. Kelly held on 3-4-20; Page Numbers: 1-13; Date of Issuance: 3-6-20; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/27/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/4/2020.(Miller, Timothy)
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Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephone Status Conference held on 3/4/2020. (Court Reporter: Timothy Miller) (zkh)
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Set/Reset Hearings: Telephonic Status Conference set for 3/4/2020 at 3:00 PM in Courtroom 11 before Judge Timothy J. Kelly. (zkh)
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MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a telephonic status conference on March 4, 2020, at 3:00 p.m. They shall promptly contact the Courtroom Deputy at (202) 354-3495 to make arrangements to do so. Signed by Judge Timothy J. Kelly on 3/2/2020. (lctjk1)
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| Filing 82 NOTICE by DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC. (ztth) |
| Filing 81 Unopposed MOTION for Leave to Notify Court of Decision and Order in S.D.N.Y. Litigation by DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Nelson, Mark) |
| NOTICE OF ERROR re #80 Notice (Other); emailed to mnelson@cgsh.com, cc'd 69 associated attorneys -- The PDF file you docketed contained errors: 1. Please refer to LCvR 5.1 (a). (ztth, ) |
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MINUTE ORDER granting Defendants' #81 Unopposed Motion for Leave to Notify the Court. It is hereby ORDERED that the motion is GRANTED. Signed by Judge Timothy J. Kelly on 2/13/2020. (lctjk1)
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| Filing 80 ENTERED IN ERROR.....NOTICE to Court re: Decision and Order in S.D.N.Y. Litigation by DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC. (Attachments: #1 Exhibit A)(Nelson, Mark); Modified on 2/13/2020 (ztth). |
| Filing 79 RESPONSE to Court's Jan. 10, 2020 Minute Order re: Amicus Briefs and Notice of No Further Submission by Defendants filed by DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC.. (Nelson, Mark) |
| Filing 78 RESPONSE of Defendant DISH Network Corporation to #71 , #72 , #73 , and #74 Amici filed by DISH NETWORK CORPORATION. (Holley, Steven); Modified on 2/5/2020 to add docket entry relationships and modified text (ztth). |
| Filing 77 RESPONSE to #71 , #72 , #73 , and #74 Briefs Amicus Curiae filed by UNITED STATES OF AMERICA. (Young, Frederick) Modified to add docket entry relationships and modified text on 2/5/2020 (ztth). |
| Filing 76 NOTICE of Appearance by Matthew Solomon on behalf of DEUTSCHE TELEKOM AG, T-MOBILE US, INC. (Solomon, Matthew) |
| Filing 75 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PREPAID WIRELESS GROUP, LLC. (ztth) |
| Filing 74 AMICUS BRIEF by PREPAID WIRELESS GROUP, LLC. (ztth) |
| Filing 73 AMICUS BRIEF by ROBERT E. WHEELER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (ztth) |
| Filing 72 AMICUS BRIEF by HAROLD FURCHTGOTT-ROTH. (ztth) |
| Filing 71 AMICUS BRIEF by CONSUMER REPORTS, NEW AMERICA'S OPEN TECHNOLOGY INSTITUTE, RURAL WIRELESS ASSOCIATION, INC. (ztth) |
| Filing 70 AMICUS BRIEF by JOHN KWOKA, NICHOLAS ECONOMIDES, THOMAS PHILIPPON, ROBERT C. SEAMANS, HAL SINGER, MARSHALL STEINBAUM, LAWRENCE WHITE. (Attachments: #1 Declaration of JONATHAN G. AXELROD, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (ztth) |
| Filing 69 AMICUS BRIEF by INCOMPAS. (ztth) |
| Filing 68 Memorandum in opposition to re #58 MOTION for Leave to File Amicus Curiae Brief filed by DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC.. (Attachments: #1 Text of Proposed Order)(Nelson, Mark) |
| Filing 67 RESPONSE re #61 MOTION for Leave to File Brief as Amicus Curiae, #64 MOTION for Leave to File Amicus Curiae Brief, #65 MOTION for Leave to File Amicus Curiae Brief, #63 MOTION for Leave to File Amici Curiae Brief, #60 MOTION for Leave to File Amici Curiae Brief, #59 Unopposed MOTION for Leave to File Brief as Amicus Curiae, #58 MOTION for Leave to File Amicus Curiae Brief filed by UNITED STATES OF AMERICA. (Young, Frederick) |
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MINUTE ORDER granting the #59 , #60 , #61 , #63 , #64 , and #65 Motions for Leave to File Amicus Curiae Briefs. Neither party has opposed these motions and the Court finds that they otherwise comply with LCvR 7(o)(2) and the Court's Minute Order of January 10, 2020. Therefore, it is hereby ORDERED that the #59 , #60 , #61 , #63 , #64 , and #65 Motions for Leave to File Amicus Curiae Briefs are GRANTED. The accompanying briefs [59-1], [60-1], [63-1], [64-1], and [65-1], and any exhibits thereto, shall be deemed filed as of January 29, 2020. Movant Prepaid Wireless Group, LLC is instructed to file its brief on the public docket by January 31, 2020 at 2:00 p.m. It is further ORDERED that Movant NTCH's #58 Motion for Leave to File Amicus Curiae Brief is DENIED. Because NTCH did not attach a proposed brief, the Court can only evaluate the purpose of that brief from the representations in its motion. And as Defendants note in their #68 Memorandum in Opposition, NTCH has already made, in its public comments, most if not all of the arguments it suggests it will make in its brief. See ECF No. 42-2 at 3--28. Signed by Judge Timothy J. Kelly on 1/29/2020. (lctjk1)
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MINUTE ORDER: Pursuant to this Courts Minute Order of January 10, 2020, the Court received six Motions for Leave to File Amicus Briefs. One movant represents that it conferred with the parties and that they do not oppose the motion. See ECF No. 59. The rest do not reflect the positions of the parties. See ECF Nos. 58, 60--61, 63--65. In accordance with LCvR 7(o)(2), it is hereby ORDERED that the parties shall, if they oppose any such motions for leave, file their oppositions by January 29, 2020 at 2:00 p.m. The Court will assume the parties do not oppose any motions for leave which have not been opposed by that time. Signed by Judge Timothy J. Kelly on 1/27/2020. (lctjk1).
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| Filing 66 NOTICE of Filing of States' Supplemental Brief as Amici Curiae by STATE OF NEW YORK (Levitz, Philip) |
| Filing 65 MOTION for Leave to File Amicus Curiae Brief by Robert E. Wheeler (Attachments: #1 Amicus Curiae Brief, #2 Exhibit A - to Amicus Brief, #3 Exhibit B - to Amicus Brief, #4 Exhibit C - to Amicus Brief, #5 Text of Proposed Order)(Kidwell, Robert) |
| Filing 64 MOTION for Leave to File Amicus Curiae Brief by DR. HAROLD FURCHTGOTT-ROTH (Attachments: #1 Dr. Harold Furchtgott-Roth's Brief as Amicus Curiae, #2 Text of Proposed Order)(Toll, Robert) |
| Filing 63 MOTION for Leave to File Amici Curiae Brief by Rural Wireless Association, Inc.; New America's Open Technology Institute; Consumer Reports (Attachments: #1 Exhibit)(Ames, Lela) |
| Filing 62 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Prepaid Wireless Group, LLC (Augustino, Steven) |
| Filing 61 MOTION for Leave to File Brief as Amicus Curiae by Prepaid Wireless Group, LLC (Attachments: #1 Text of Proposed Order)(Augustino, Steven) |
| Filing 60 MOTION for Leave to File Amici Curiae Brief by Nicholas Economides, John Kwoka, Thomas Philippon, ROBERT C. SEAMANS, Hal Singer, Marshall Steinbaum, Lawrence White (Attachments: #1 Exhibit BRIEF OF AMICI CURIAE, #2 Declaration, #3 Exhibit Attachment A, #4 Exhibit Attachment B, #5 Exhibit Attachment C, #6 Exhibit Attachment D, #7 Exhibit Attachment E, #8 Exhibit Attachment F, #9 Text of Proposed Order)(Axelrod, Jonathan) |
| Filing 59 Unopposed MOTION for Leave to File Brief as Amicus Curiae by INCOMPAS (Attachments: #1 Exhibit Exhibit A - Amicus Brief, #2 Text of Proposed Order Text of Proposed Order)(Michalopoulos, Pantelis) |
| Filing 58 MOTION for Leave to File Amicus Curiae Brief by NTCH, Inc. (Attachments: #1 Text of Proposed Order)(Urban, Thomas) |
| Filing 57 TRANSCRIPT OF TELEPHONE STATUS CONFERENCE before Judge Timothy J. Kelly held on 1-10-20; Page Numbers: 1-25; Date of Issuance: 1-23-20; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenc ed above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/13/2020. Redacted Transcript Deadline set for 2/23/2020. Release of Transcript Restriction set for 4/22/2020.(Miller, Timothy) |
| Filing 56 NOTICE of Appearance by Makan Delrahim on behalf of UNITED STATES OF AMERICA (Delrahim, Makan) |
| Filing 55 NOTICE of Appearance by Rachel S. Brackett on behalf of STATE OF FLORIDA (Brackett, Rachel) (Main Document 55 replaced on 1/10/2020) (ztth). |
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MINUTE ORDER: Pursuant to this Court's inherent authority, and in light of the Tunney Act's flexible procedural framework, see 15 U.S.C. 16(f), the Court establishes the following parameters governing how interested amici may participate in this proceeding. First, all potential amici shall file or, if required, move for leave to file an amicus brief no later than January 24, 2020. See LCvR 7(o)(1). Second, any amicus brief shall not exceed 20 pages in length. Third, all potential amici who must seek the Court's permission to file an amicus brief--that is, all potential amici other than the United States, its officers or agencies, or states--are instructed that their brief should not merely repeat arguments or assertions that they previously raised in comments they filed pursuant to 15 U.S.C. 16(b), to which the Court has access. Fourth, all potential amici who are plaintiffs in State of New York et al. v. Deutsche Telekom AG et al., Case No. 1:19-cv-05434-VM (S.D.N.Y. filed June 11, 2019), if they choose to file an amicus brief, shall file only a single, consolidated brief. Fifth, all potential amici shall address in their briefs only the precise and limited issues before the Court in this proceeding. Sixth, all potential amici are advised that strict compliance with this Court's local rules is required. See, e.g., LCvR 7(o). Participation that fails to comply with these parameters will not be permitted without leave of the Court. See Jin v. Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008) ("It is solely within the court's discretion to determine 'the fact, extent, and manner' of [amici's] participation." (citation omitted)); 15 U.S.C. 16(f)(3). Finally, the parties may file briefs responding to the arguments presented by all amici no later than February 7, 2020. SO ORDERED. Signed by Judge Timothy J. Kelly on 1/10/2020. (lctjk1)
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MINUTE ORDER: The Court hereby GRANTS Plaintiff United States's #51 Unopposed Motion to Appoint Monitoring Trustee and ORDERS that Theodore W. Ullyot is appointed as monitoring trustee. SO ORDERED. Signed by Judge Timothy J. Kelly on 1/10/2020. (lctjk1)
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| Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephone Status Conference held on 1/10/2020. Order to be issued by the court. (Court Reporter: Timothy Miller) (zkh) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #53 Amicus Brief was entered in error. (ztth) |
| Filing 54 AMICUS BRIEF by STATE OF NEW YORK. (ztth) |
| Filing 53 ENTERED IN ERROR.....AMICUS BRIEF by STATE OF NEW YORK. (ztth) Modified on 1/9/2020 (ztth). |
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MINUTE ORDER: The attorneys general of seventeen states and the District of Columbia have moved to file a brief as amici curae. ECF No. 34. To the extent they seek the Court's permission to file their brief, they do not need it. LCvR 7(o)(1). Therefore, it is hereby ORDERED that their [34-1] Brief as Amici Curae is deemed filed. However, to the extent their brief can be characterized as a motion for a stay or to otherwise delay these proceedings, the Court will deny it. As a threshold matter, the Court notes that by filing as amici, each attorney general does not become "a party to the action, but is merely a friend of the court whose sole function is to advise, or make suggestions to, the court." Artis-Bey v. Thornburgh, CIV. A. No. 88-3240, 1989 WL 39023, at *1 (D.D.C. Apr. 14, 1989) (citation omitted); see also United States v. Microsoft Corp., No. CIV. A. 94-1564, 1995 WL 121107, at *1 (D.D.C. Mar. 14, 1995) (observing that "amici not having party status do not have all the rights of a party, including the right of full participation in the proceedings"); Jin v. Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008) ("It is solely within the court's discretion to determine 'the fact, extent, and manner' of [amici's] participation." (citation omitted)). In addition, amici have not shown that a stay is appropriate. The Court "has a broad discretion in granting or denying stays." McSurely v. McClellan, 426 F.2d 664, 671 (D.C. Cir. 1970). Despite this discretion, "it is well established that a stay pending the resolution of unrelated legal proceedings is an extraordinary remedy." Nat'l Indus. for Blind v. Dep't of Veterans Affairs, 296 F. Supp. 3d 131, 137 (D.D.C. 2017). "If there is 'even a fair possibility that a stay would adversely affect another party, the movant for the stay must demonstrate a 'clear case of hardship or inequity in being required to go forward.'" Id. at 137-38 (quoting Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)). Here, the parties have plausibly argued that they or the public would, in one way or another, be harmed by a delay. See ECF No. 36 at 7-10; ECF No. 37 at 2; ECF No. 39 at 2-3. And amici have not persuasively argued that proceeding in the ordinary course would result in any hardship or inequity to them or others. For these reasons, to the extent amici have moved for a stay, their motion is hereby DENIED. It is further ORDERED that the parties shall appear for a telephonic status conference on January 10, 2020, at 2:00 p.m. They shall promptly contact the Courtroom Deputy at (202) 354-3495 to make arrangements to do so. Signed by Judge Timothy J. Kelly on 1/8/2020. (lctjk1)
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| Filing 52 NOTICE of Filing of Statement of Interest in Related Case by UNITED STATES OF AMERICA (Attachments: #1 Statement of Interest, #2 Ex. A to Statement of Interest - PFJ, #3 Ex. B to Statement of Interest - FCC Order Pt. 1, #4 Ex. B to Statement of Interest - FCC Order Pt. 2)(Young, Frederick) |
| Filing 51 Unopposed MOTION to Appoint Monitoring Trustee by UNITED STATES OF AMERICA (Attachments: #1 Memorandum in Support, #2 Monitoring Trustee Report, #3 Text of Proposed Order)(Young, Frederick) |
| Filing 50 FIFTH AMENDED COMPLAINT against DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC. filed by UNITED STATES OF AMERICA. (ztth); Modified text on 12/4/2019 (ztth). |
| Filing 49 Consent MOTION to Amend/Correct Fourth Amended Complaint by UNITED STATES OF AMERICA (Attachments: #1 Fifth Amended Complaint, #2 Stipulation, #3 Proposed Order)(Young, Frederick) |
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MINUTE ORDER granting Plaintiff United States's #49 Consent Motion for Leave to File Amended Complaint. Pursuant to Fed. R. Civ. P. 15(a)(2), "a party may amend its pleading only with the opposing party's written consent or the court's leave." Here, all parties have consented in writing to the motion. Accordingly, it is hereby ORDERED that Plaintiff United States's #49 Consent Motion for Leave to File Amended Complaint is GRANTED. The Clerk of the Court is directed to docket the [49-1] Amended Complaint. Signed by Judge Timothy J. Kelly on 11/27/2019. (lctjk1)
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| Filing 48 SEALED DOCUMENT filed by UNITED STATES OF AMERICA. (This document is SEALED and only available to authorized persons.) (ztth) |
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MINUTE ORDER: In United States v. Hubbard, 650 F.2d 293, 31722 (D.C. Cir. 1980), the D.C. Circuit set forth six factors to consider in evaluating a motion to seal: (1) the need for public access to the documents at issue; (2) the extent of previous public access to the documents; (3) the fact that someone has objected to disclosure, and the identity of that person; (4) the strength of any property and privacy interest asserted; (5) the possibility of prejudice to those opposing disclosure; and (6) the purposes for which the documents were introduced during the judicial proceedings. Upon consideration of these factors, it is hereby ORDERED that Plaintiff United States's #31 Consent Motion for Leave to File under Seal is GRANTED. The Clerk's Office is directed to seal Plaintiff United States's #31 Consent Motion for Leave to File under Seal and [31-1] Exhibit 1. The Clerk's Office is further directed to file Plaintiff United States's [31-2] Notice of Filing of Determinative Documents on the public docket. Signed by Judge Timothy J. Kelly on 11/13/2019. (lctjk1)
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| Filing 47 FOURTH AMENDED COMPLAINT against DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC. filed by UNITED STATES OF AMERICA. (ztth) |
| Filing 44 MOTION for Entry of Final Judgment by UNITED STATES OF AMERICA (Attachments: #1 Proposed Final Judgment, #2 Certificate of Compliance)(Young, Frederick) |
| Filing 43 Consent MOTION to Amend/Correct Amended Complaint by UNITED STATES OF AMERICA (Attachments: #1 Fourth Amended Complaint, #2 Stipulation, #3 Proposed Order)(Young, Frederick) |
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MINUTE ORDER granting Plaintiff United States's #33 #40 #43 Consent Motions for Leave to File Amended Complaint. Pursuant to Fed. R. Civ. P. 15(a)(2), a party may amend its pleading only with the opposing party's written consent or the court's leave. Here, all parties have consented in writing to each motion. Accordingly, it is hereby ORDERED that Plaintiff United States's #33 #40 #43 Consent Motions for Leave to File Amended Complaint are GRANTED. The Clerk of the Court is directed to docket the [33-1] [40-1] [43-1] Amended Complaints as of the date of the respective motions. Signed by Judge Timothy J. Kelly on 11/8/2019. (lctjk1)
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| Filing 42 RESPONSE TO PUBLIC COMMENTS in Antitrust Case by UNITED STATES OF AMERICA. (Attachments: #1 Appendix of Public Comments Received Vol. 1 (Exs. 1-19), #2 Appendix of Public Comments Received Vol. 2 (Exs. 20-29), #3 Appendix of Public Comments Received Vol. 3 (Exs. 30-32))(Young, Frederick) |
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MINUTE ORDER granting the United States' #41 Unopposed Motion to Excuse Federal Register Publication of Comments. The Court finds that the expense of publication of the comments in the Federal Register exceeds the public interest benefit to be gained from such publication. The Court authorizes, as an alternative method of dissemination, publication in the Federal Register of a link to the United States Department of Justice website, where the comments can be viewed and downloaded. Signed by Judge Timothy J. Kelly on 11/5/2019. (lctjk3)
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| Filing 41 Unopposed MOTION to Excuse Federal Register Publication of Comments by UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Young, Frederick) |
| Filing 46 THIRD AMENDED COMPLAINT against DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC. filed by UNITED STATES OF AMERICA. (ztth) |
| Filing 40 Consent MOTION for Leave to File #28 Amended Complaint, by UNITED STATES OF AMERICA (Attachments: #1 Third Amended Complaint, #2 Stipulation, #3 Proposed Order)(Young, Frederick); Modified event and text on 10/29/2019 (ztth). |
| NOTICE OF ERROR re #38 Notice of Appearance; emailed to jbutcher@steptoe.com, cc'd 44 associated attorneys -- The PDF file you docketed contained errors: 1. Please update your mailing address through PACER. (ztth, ) |
| Filing 39 RESPONSE re #34 MOTION for Leave to File Brief as Amici Curiae filed by DISH NETWORK CORPORATION. (Butcher, Jared) |
| Filing 38 NOTICE of Appearance by Jared R. Butcher on behalf of DISH NETWORK CORPORATION (Butcher, Jared) |
| Filing 37 RESPONSE re #34 MOTION for Leave to File Brief as Amici Curiae filed by DEUTSCHE TELEKOM AG, T-MOBILE US, INC.. (Nelson, Mark) |
| Filing 36 RESPONSE re #34 MOTION for Leave to File Brief as Amici Curiae filed by UNITED STATES OF AMERICA. (Young, Frederick) |
| Filing 35 NOTICE of Appearance by Matthew Robert Jones on behalf of UNITED STATES OF AMERICA (Jones, Matthew) (Main Document 35 replaced on 10/21/2019) (ztth). |
| Filing 34 MOTION for Leave to File Brief as Amici Curiae by STATE OF NEW YORK (Attachments: #1 States' Brief as Amici Curiae, #2 Brief Exhibit A)(Buffier, Beau) |
| Filing 45 SECOND AMENDED COMPLAINT against DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC. filed by UNITED STATES OF AMERICA. (ztth) |
| Filing 33 Consent MOTION for Leave to File by UNITED STATES OF AMERICA (Attachments: #1 Second Amended Complaint, #2 Stipulation, #3 Proposed Order)(Young, Frederick); Modified event and text on 10/2/2019 (ztth). |
| Filing 32 NOTICE of Appearance by Lynette R. Bakker on behalf of STATE OF KANSAS (Bakker, Lynette) |
| Filing 31 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by UNITED STATES OF AMERICA (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Unredacted T-Mobile commitments to the FCC, #2 Exhibit Redacted T-Mobile commitments to the FCC contained in United States' Notice of Determinative Documents)(Young, Frederick) |
| Filing 30 NOTICE of Appearance by Meghan Elizabeth Stoppel on behalf of STATE OF NEBRASKA (Stoppel, Meghan) |
| Filing 29 NOTICE of Appearance by Mithun Mansinghani on behalf of STATE OF OKLAHOMA (Mansinghani, Mithun) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #27 Answer to Complaint was entered in error. (tth) |
| Filing 28 AMENDED COMPLAINT against DEUTSCHE TELEKOM AG, SOFTBANK GROUP CORP., SPRINT CORPORATION, T-MOBILE US, INC. filed by UNITED STATES OF AMERICA, STATE OF OKLAHOMA, STATE OF NEBRASKA, STATE OF SOUTH DAKOTA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF OHIO. (tth) |
| Filing 27 ENTERED IN ERROR..... ANSWER to Complaint by STATE OF KANSAS, STATE OF NEBRASKA, STATE OF OHIO, STATE OF OKLAHOMA, STATE OF SOUTH DAKOTA, UNITED STATES OF AMERICA, STATE OF LOUISIANA. (tth); Modified on 8/21/2019 (tth). |
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MINUTE ORDER granting Plaintiff United States of America's #26 Consent Motion for Leave to File Amended Complaint. Pursuant to Fed. R. Civ. P. 15(a)(1)(A), a plaintiff may amend its complaint as a matter of course within 21 days of serving it. Plaintiff United States of America filed its consent motion for leave to amend within that timeframe. Accordingly, it is hereby ORDERED that Plaintiff United States of America's #26 Consent Motion for Leave to File Amended Complaint is GRANTED. The Clerk of the Court is directed to docket the [26-1] Amended Complaint as of the date of the motion. Signed by Judge Timothy J. Kelly on 8/16/2019. (lctjk3)
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| Filing 26 Consent MOTION to Amend/Correct Complaint by UNITED STATES OF AMERICA (Attachments: #1 Amended Complaint, #2 Stipulation, #3 Proposed Order)(Young, Frederick) |
| Filing 25 NOTICE of Tunney Act Requirements by SOFTBANK GROUP CORP., SPRINT CORPORATION (Meyer, David) |
| Filing 24 NOTICE OF TUNNEY ACT REQUIREMENTS by DEUTSCHE TELEKOM AG, T-MOBILE US, INC.. (Nelson, Mark) |
| Filing 23 NOTICE OF WRITTEN OR ORAL COMMUNICATIONS CONCERNING THE PROPOSED FINAL JUDGMENT AND CERTIFICATION OF COMPLIANCE UNDER 15 U.S.C. 16(g) by DISH NETWORK CORPORATION (Smith, Bradley) |
| Filing 22 NOTICE of Appearance by Jared A. Hughes on behalf of UNITED STATES OF AMERICA (Hughes, Jared) |
| Filing 21 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DISH NETWORK CORPORATION (Michalopoulos, Pantelis) |
| Filing 20 COMPETITIVE IMPACT STATEMENT by UNITED STATES OF AMERICA. (Young, Frederick) |
| Filing 19 NOTICE of Appearance by Steven L. Holley on behalf of DISH NETWORK CORPORATION (Holley, Steven) |
| Filing 18 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SPRINT CORPORATION (Sunshine, Steven) |
| NOTICE OF ERROR re #15 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests; emailed to steven.sunshine@skadden.com, cc'd 36 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Case number on the document is incorrect. (ztth, ) |
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MINUTE ORDER granting #17 Unopposed Motion for Leave to Appear Pro Hac Vice. Attorney Andrew M. Golodny is hereby admitted pro hac vice to appear in this matter. Signed by Judge Timothy J. Kelly on 7/30/2019. (lctjk3)
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| Filing 17 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name - Andrew M. Golodny, :Firm - Steptoe & Johnson LLP, :Address - 1330 Connecticut Avenue NW, Washington, DC 20036. Phone No. - 202-429-1357. Fax No. - 202-429-3902 Filing fee $ 100, receipt number 0090-6285931. Fee Status: Fee Paid. by DISH NETWORK CORPORATION (Attachments: #1 Declaration Declaration of Andrew M. Golodny, #2 Text of Proposed Order Proposed Order)(Michalopoulos, Pantelis); Modified text on 7/30/2019 (tth). |
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Filing 16
STIPULATION AND ORDER. Signed by Judge Timothy J. Kelly on 7/29/2019. (lctjk3)
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| Filing 15 ENTERED IN ERROR.....LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SPRINT CORPORATION (Sunshine, Steven); Modified on 7/30/2019 (tth). |
| Filing 14 NOTICE of Appearance by Bradley S. Lui on behalf of SOFTBANK GROUP CORP., SPRINT CORPORATION (Lui, Bradley) |
| Filing 13 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SOFTBANK GROUP CORP. (Meyer, David) |
| Filing 12 NOTICE of Appearance by David Lawrence Meyer on behalf of SOFTBANK GROUP CORP., SPRINT CORPORATION (Meyer, David) |
| Filing 11 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Steven L. Holley, :Firm- Sullivan & Cromwell LLP, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-558-4000. Fax No. - 212-558-3588 Filing fee $ 100, receipt number 0090-6284633. Fee Status: Fee Paid. by DISH NETWORK CORPORATION (Attachments: #1 Declaration Declaration of Steven L. Holley in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Text of Proposed Order)(Smith, Bradley) |
| Filing 10 NOTICE of Appearance by Bradley Paul Smith on behalf of DISH NETWORK CORPORATION (Smith, Bradley) |
| Filing 9 NOTICE of Appearance by Pantelis Michalopoulos on behalf of DISH NETWORK CORPORATION (Michalopoulos, Pantelis) |
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MINUTE ORDER granting #11 Unopposed Motion for Leave to Appear Pro Hac Vice. Attorney Steven L. Holley is hereby admitted pro hac vice to appear in this matter. Signed by Judge Timothy J. Kelly on 7/29/2019. (lctjk3)
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| Filing 8 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEUTSCHE TELEKOM AG (Nelson, Mark) |
| Filing 7 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by T-MOBILE US, INC. (Nelson, Mark) |
| Filing 6 NOTICE of Appearance by Mark W. Nelson on behalf of DEUTSCHE TELEKOM AG, T-MOBILE US, INC. (Nelson, Mark) |
| Filing 5 NOTICE of Appearance by Julia K. York on behalf of SPRINT CORPORATION (York, Julia) (Main Document 5 replaced on 7/31/2019) (zeg). |
| Filing 4 NOTICE OF RELATED CASE by UNITED STATES OF AMERICA. Case related to Case No. C.A. 19-05434 - SDNY. (Attachments: #1 Certificate of Service)(Young, Frederick) |
| Filing 3 NOTICE of Appearance by Steven C. Sunshine on behalf of SPRINT CORPORATION (Sunshine, Steven) (Main Document 3 replaced on 7/31/2019) (zeg). |
| Filing 2 NOTICE of Explanation of Consent Decree Procedures by UNITED STATES OF AMERICA (Attachments: #1 Stipulation and Order, #2 Proposed Final Judgment, #3 Certificate of Service)(Young, Frederick) |
| Filing 1 COMPLAINT against DEUTSCHE TELEKOM AG, T-MOBILE US, INC., SOFTBANK GROUP CORP., SPRINT CORPORATION (Fee Status:Filing Fee Waived) filed by UNITED STATES OF AMERICA. (Attachments: #1 Civil Cover Sheet)(Young, Frederick) Modified on 7/26/2019 (zeg). (Attachment 1 replaced on 7/26/2019) (zeg). |
| Case Assigned to Judge Timothy J. Kelly. (zeg) |
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