In Re SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
| CITYNET, LLC |
| KENNETH ARNDT, FRONTIER WEST VIRGINIA INC., DANA WALDO and MARK MCKENZIE |
| SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION |
| 1:2019mc00040 |
| March 22, 2019 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on July 10, 2019. A more recent docket listing may be available from PACER.
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MINUTE ORDER: In light of the parties' joint status report, Dkt. 13, it is hereby ORDERED that the parties shall submit a further joint status report on or before July 23, 2019. Signed by Judge Randolph D. Moss on 7/10/2019. (lcrdm2, )
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| Set/Reset Deadlines: Joint Status Report due by 7/23/2019. (kt) |
| Filing 13 Joint STATUS REPORT by KENNETH ARNDT, FRONTIER WEST VIRGINIA INC., MARK MCKENZIE, DANA WALDO. (Attachments: #1 Exhibit A)(Byrum, Jeremy) |
| Set/Reset Deadlines: Joint Status Report due by 7/9/2019. (kt) |
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MINUTE ORDER: In light of the parties' joint status report, Dkt. 12, it is hereby ORDERED that the parties shall submit a further joint status report on or before July 9, 2019. Signed by Judge Randolph D. Moss on 7/2/2019. (lcrdm2, )
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| Filing 12 Joint STATUS REPORT by KENNETH ARNDT, FRONTIER WEST VIRGINIA INC., MARK MCKENZIE, DANA WALDO. (Byrum, Jeremy) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 6/21/2019. Case called for a Motion Hearing but not held. For the reasons stated on the record, the pending motions are held in abeyance. The parties shall submit a Joint Status Report on or before 6/27/2019. (Court Reporter: Jeff Hook.) (kt) |
| Filing 11 Memorandum in opposition to re #7 MOTION to Quash and Oppostion to Motion to Compel filed by FRONTIER WEST VIRGINIA INC.. (ztd); (See docket entry #10 to view.) |
| Filing 10 REPLY to opposition to motion re #1 MOTION to Quash and Oppostion to Motion to Compel filed by KENNETH ARNDT, FRONTIER WEST VIRGINIA INC., MARK MCKENZIE, DANA WALDO. (Attachments: #1 Exhibit Exhibit A)(Hutson, Elizabeth) Modified linkage on 6/19/2019 (ztd). |
| Filing 9 ERRATA by SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION #7 MOTION to Quash and Oppostion to Motion to Compel filed by SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION. (Attachments: #1 Exhibit)(Peterson, Benton) |
| Filing 8 RESPONSE (Opposition) re #1 Motion to Compel, filed by SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION. (ztd); (See docket entry no. #7 to view.) |
| Filing 7 MOTION to Quash and Oppostion to Motion to Compel by SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (Attachments: #1 Exhibit #1, #2 Declaration)(Peterson, Benton) |
| Set/Reset Deadlines/Hearings: Opposition due by 6/11/2019; Reply due by 6/18/2019. Motion Hearing set for 6/21/2019, at 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) |
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MINUTE ORDER: Upon consideration of NTIA's motion to transfer, Dkt. 2, it is hereby ORDERED that the motion is DENIED. The Court notes that, although NTIA, as the moving party, "consents to the transfer," Dkt. 2 at 8, the language of Rule 45(f) is permissive, not mandatory. See Fed. R. Civ. P. 45(f) ("[The Court] may transfer a motion under this rule") (emphasis added). Where, as here, the transfer is contested, the Court must consider whether the transfer would be in the interest of judicial economy and fairness to the parties. Based on the materials submitted to the Court and the parties' representations at oral argument, the present dispute centers on whether the Frontier Defendants allegedly complied with NTIA's Touhy regulations. See Dkt. 2 at 6-8. That issue neither requires a detailed understanding of the underlying litigation nor otherwise necessitates resolution in the Southern District of West Virginia. The Court notes, moreover, that the case law in the Fourth Circuit is more favorable to the NTIA than the law of this Circuit. Compare COMSAT Corp. v. Nat'l Sci. Found., 190 F.3d 269, 278 (4th Cir. 1999) with Watts v. S.E.C., 482 F.3d 501, 508 (D.C. Cir. 2007); see also Dkt. 3 at 11 n.3. According to the Advisory Committee Notes to the 2013 amendments of Rule 45, "[t]he prime concern [of Rule 45] should be avoiding burdens on local nonparties subject to subpoenas." Here, the convenience of the parties would not be promoted by transfer but transfer would alter the governing law. Because transfer to the Southern District of West Virginia would not serve the purpose of Rule 45(f), and in light of the Frontier Defendants' opposition, the Court denies the motion to transfer. In light of the parties' joint status report, Dkt. 6, it is further ORDERED that NTIA shall file an opposition to the motion to compel, Dkt. 1, on or before June 11, 2019, and the Frontier Defendants shall file a reply brief on or before June 18, 2019. It is further ORDERED that the parties shall appear for a motions hearing on the motion to compel at 2:15 p.m., June 21, 2019 in Courtroom 21. Signed by Judge Randolph D. Moss on 5/29/2019. (lcrdm2, )
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| Filing 6 Joint STATUS REPORT by SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Peterson, Benton) |
| Filing 5 TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on April 24, 2019. Page Numbers: 1 - 33. Date of Issuance: April 30, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. 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 reference d 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 5/21/2019. Redacted Transcript Deadline set for 5/31/2019. Release of Transcript Restriction set for 7/29/2019.(Hook, Jeff) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 4/24/2019 re: #2 MOTION to Dismiss or in the Alternative MOTION to Transfer Case filed by SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION. For the reasons stated on the record, the parties shall meet and confer; Joint Status Report due by 5/24/2019. (Court Reporter: Jeff Hook.) (kt) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy S. Byrum, :Firm- McGuireWoods LLP, :Address- 800 East Canal Street, Gateway Plaza, Richmond VA 23219. Phone No. - 804-775-4305. Fax No. - 804-698-2080 Filing fee $ 100, receipt number 0090-6067435. Fee Status: Fee Paid. by FRONTIER WEST VIRGINIA INC. (Hutson, Elizabeth) |
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MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. 4, it is hereby ORDERED that the motion is GRANTED. Jeremy S. Bynum may appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 4/18/2019. (lcrdm2, )
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| Set/Reset Hearings: Motion Hearing set for 4/24/2019, at 2:30 PM, before Judge Randolph D. Moss. (kt) |
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MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on April 24, 2019 at 2:30 p.m in Courtroom 21. Signed by Judge Randolph D. Moss on 4/17/2019. (lcrdm2, )
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| Filing 3 REPLY to opposition to motion re #2 MOTION to Dismiss or in the Alternative MOTION to Transfer Case Reply Brief in Support of Motion to Compel Production of Documents filed by FRONTIER WEST VIRGINIA INC.. (Attachments: #1 Affidavit Affidavit of Service re National Telecommunications and Information Administration ICO Office of General Counsel's Agent of Process Service, #2 Declaration Declaration of Jeremy S. Byrum)(Hutson, Elizabeth) |
| Filing 2 MOTION to Dismiss or in the Alternative, MOTION to Transfer Case by SUBPOENA TO NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (Attachments: #1 Exhibit 1)(Peterson, Benton) |
| Filing 1 MOTION to Compel ( Filing fee $ 47 receipt number 4616097299.) filed by FRONTIER WEST VIRGINIA INC., MARK MCKENZIE, DANA WALDO, KENNETH ARNDT. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Text of Proposed Order)(jf) |
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