American Phone v. Qwest Communications
| American Phone Services, Inc. |
| Qwest Communications, Inc. |
| 1:2000cv02187 |
| August 23, 2000 |
| US District Court for the Northern District of Georgia |
| Beverly B Martin |
| Contract: Other |
| 47 U.S.C. § 151 Federal Communications Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2006. A more recent docket listing may be available from PACER.
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| Filing 71 Appeal Record Returned (2 volumes pleadings; 1 transcript): #51 Notice of Appeal Case Appealed to United States Court of Appeals Eleventh Circuit Case Number 05-12605-CC. (ckd) |
| Filing 70 Certified copy of ORDER of USCA Applellant's motion for voluntary dismissal of appeal with prejudice is GRANTED re: #51 Notice of Appeal filed by American Phone Services, Inc., Case Appealed to USCA Eleventh Circuit Case Number 05-12605-CC. (ckd) |
| Filing 69 STIPULATION of Dismissal With Prejudice (Joint Stipulation) by American Phone Services, Inc.. (Shingler, George) |
| Filing 68 NOTICE of Docketing Record on Appeal from USCA re: #51 Notice of Appeal filed by American Phone Services, Inc. Case Appealed to USCA - 11th Circuit Case Number 05-12605-CC. (2 Vols. of Pldgs and 1 Transcript) (kac) |
| Filing 67 Certified and Transmitted Record on Appeal to US Court of Appeals re: #51 Notice of Appeal Case Appealed to USCA Eleventh Circuit Case Number 05-12605-CC. (ckd) |
| Filing 66 FORTHWITH LETTER from USCA re: #51 Notice of Appeal filed by American Phone Services, Inc.,. Case Appealed to USCA Eleventh Circuit Case Number 05-12605-CC. Appeal Record due by 9/26/2005. (ckd) |
Filing 65
ORDER on the #60 Motion for Clarification or Modificationof Injunction. This court hereby CERTIFIES that upon remand it would GRANT IN PART,AND DENY IN PART APS's Motion for Clarification or Modification of Injunction[Doc. No. 60], as follows: the court would amend its injunction to provide that itexpires upon the issuance of the Final Award of the Arbitrator in the arbitrationcurrently ongoing between APS and Quest, as well as the completion of any further action permitted by the Federal Arbitration Act in this court with regard to saidarbitration award. However, because the court finds that APS has stated no legalbasis for the issuance of an injunction against Quest, this court would not be inclinedto amend the injunction so as to apply to Quest. Signed by Judge Beverly B. Martin on 08/26/05. (aaq)
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| Filing 64 REPLY BRIEF in support of the #60 MOTION for Clarification or Modification of Injunction filed by American Phone Services, Inc. (Attachments: #1)(Shingler, George) Modified on 8/3/2005 to edit event and text. (aaq). |
| Filing 63 USCA Acknowledgment COR re: #51 Notice of Appeal filed by American Phone Services, Inc.,. Case Appealed to USCA Eleventh Circuit Case Number 05-12605-CC. (ckd) |
| Filing 62 RESPONSE in Opposition re #60 MOTION for Clarification or Modification of Injunction filed by Qwest Communications, Inc.. (Croft, Thomas) |
| Submission of THE #60 MOTION for Clarification or Modification of Injunction to District Judge Beverly B. Martin. (aaq) |
| Filing 61 Certified copy of CERTIFICATE OF READINESS transmitted to USCA re: #51 Notice of Appeal. Case Appealed to USCA Eleventh Circuit Case Number 05-12605-CC (ckd) |
| CERTIFICATE OF READINESS of Appeal Record (2 volumes pleadings; 1 transcript) re: #51 Notice of Appeal filed by American Phone Services, Inc.,. USCA Case Number 05-12605-CC (ckd) |
| Filing 60 MOTION for Clarification or Modification of Injunction with Brief In Support by American Phone Services, Inc.. (Attachments: #1 #2)(Dunbar, Karen) |
| Filing 59 TRANSCRIPT of Proceedings held on April 29, 2005 before Judge Beverly B. Martin. Court Reporter: Montrell Vann. Certificate of Readiness due on 7/7/2005 (ckd) |
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Filing 58
ORDER of USCA Eleventh Circuit re: The motion for a stay of injuction pending appeal is DENIED. See Order from USCA. (ckd)
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| Filing 57 Financial Arrangements Completed re: #51 Notice of Appeal filed by American Phone Services, Inc.,. Case Appealed to USCA Eleventh Circuit Case Number 05-12605-C Transcript due by 6/22/2005. (ckd) |
| Filing 56 TRANSCRIPT ORDER FORM by American Phone Services, Inc. for proceedings held on 4/29/05 before Judge Beverly B. Martin re #51 Notice of Appeal, Court Reporter: Montrell Vann. Case Appealed to USCA Eleventh Circuit Case Number 05-12605-C. Financial Arrangements due on 6/7/2005 (ckd) |
| Filing 54 USCA Acknowledgment for #51 Notice of Appeal filed by American Phone Services, Inc.,. Case Appealed to USCA Eleventh Circuit Case Number 05-12605-C (ckd) |
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Filing 55
ORDER of USCA Eleventh Circuit re: The motion for a stay of injunction pending appeal will be addressed by later order of the Court. See Order. (ckd)
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ORDER (BY DOCKET ENTRY ONLY) approving #53 Application for Admission Pro Hac Vice of Edward C. Stewart. Entered by Judge Beverly B. Martin on 5/12/2005. (pdw)
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| Filing 52 NOTICE of Appearance by Steven Keith Leibel on behalf of American Phone Services, Inc. (Leibel, Steven) |
| Filing 51 NOTICE OF APPEAL as to #48 Order on Motion to Hold in Contempt,,,, Order on Motion for Miscellaneous Relief,,, by American Phone Services, Inc.. Transcript Order Form due on 5/25/2005 (Weiss, Chagay) |
| Filing 50 NOTICE of Appearance by Chagay Weiss on behalf of American Phone Services, Inc. (Weiss, Chagay) |
| USCA Appeal Fees received $ 255 receipt number 536989 re #51 Notice of Appeal filed by American Phone Services, Inc., Case Appealed to USCA Eleventh Circuit Case Number 00-000000. (ckd) |
| Transmission of certified copy Notice of Appeal, Order and Docket Sheet to US Court of Appeals re: #51 Notice of Appeal (ckd) |
| Filing 49 NOTICE of Appearance by Karen R. Dunbar on behalf of American Phone Services, Inc. (Dunbar, Karen) |
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Filing 48
ORDER: Qwest's Motion for Injunctive Relief #41 is GRANTED. APS is hereby ENJOINED from further prosecution of its Southern District of Ohio lawsuit, captioned American Phone Services, Inc. v. Qwest Communications Corporation, et al., No. 2:05-CV-218. Qwest's Motion to Re-Open Case #41 is DENIED. This case remains ADMINISTRATIVELY TERMINATED until such time as the arbitration of this matter is concluded. The parties shall have sixty (60) days from entry of the arbitrator's final order to ask the court to re-open this case. The case will only be re-opened if a party seeks to have the results of the arbitration confirmed, modified, or vacated or to take some other action in accordance with the terms of the Federal Arbitration Act. ?Signed by Judge Beverly B. Martin on 5/09/2005. (pdw)
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| Submission of the #41 MOTION for Contempt, MOTION Injunctive Relief and MOTION to Reopen Case to District Judge Beverly B. Martin. (aaq) |
| Filing 53 APPLICATION for the Admission of Edward C. Stewart Pro Hac Vice for Qwest Communications, Inc.Filing Fee received $150.00, Receipt #536834. (Attachments: #1 Text of Proposed Order)(aaq) |
| Filing 47 Minute Entry for proceedings held before Judge Beverly B. Martin : Motion Hearing held on 4/29/2005. Plaintiff's Motion to Stay #43 verbally WITHDRAWN by counsel. Oral argument heard on defendants' Motion to Re-Open Case, Application for Injunctive Relief and Citation for Contempt #41 . Written order to follow. (Court Reporter Montrell Vann.)(pdw) |
| VERBAL Withdrawal of #43 MOTION to Stay by counsel for American Phone Services, Inc. during #47 motion hearing. (pdw) |
| Filing 46 RESPONSE in Opposition re #41 MOTION for ContemptMOTION Injunctive Relief MOTION to Reopen Case filed by American Phone Services, Inc., American Phone Services, Inc.. (Attachments: #1 Certificate of Service)(Shingler, George) |
| Filing 45 RESPONSE in Opposition re #43 MOTION to Stay re #41 MOTION for ContemptMOTION Injunctive Relief MOTION to Reopen Case Brief in Opposition to Plaintiff's Motion to Stay filed by Qwest Communications, Inc.. (King, F.) |
| Filing 44 NOTICE of Hearing on Defendant's Motion to Re-Open Case and Application for Injunctive Relief and Citation for Contempt #41 and Plaintiff's Motion to Stay #43 . Motion Hearing set for 4/29/2005 at 11:00 AM in Courtroom 2308 before Judge Beverly B. Martin. (pdw) |
| Filing 43 MOTION to Stay re #41 MOTION for ContemptMOTION Injunctive Relief MOTION to Reopen Case with Brief In Support by American Phone Services, Inc., American Phone Services, Inc.. (Attachments: #1 Brief #2 Exhibit #3 Text of Proposed Order #4 Certificate of Service)(Shingler, George) |
| Filing 42 NOTICE of Appearance by George P. Shingler on behalf of American Phone Services, Inc., American Phone Services, Inc. (Shingler, George) |
| Filing 41 MOTION to Reopen Case, MOTION for Injunctive Relief and for Citation for Contempt filed by defendant Qwest Communications, Inc. with (Attachments: #1 Brief in Support)(aaq) |
| Filing 40 Notice of Substitution of Counsel for defendant Qwest Communications, Inc. F. Carlton King, Jr. and Thomas Albert Croft for Qwest Communications, Inc. replacing attorneys Michael R. Boorman and Charles Kyle Reed. (aaq) |
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Filing 39
ORDER by Judge Beverly B. Martin GRANTING [38-1] motion to withdraw by attorneys Cary Ichter, David Joel Marmins and Meadows, Ichter & Bowers as attorneys for American Phone. (cc) (adg)
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| SUBMITTED to Judge Beverly B. Martin on the [38-1] motion to withdraw by attorneys Cary Ichter and David Joel Marmins as attorney for American Phone. (aaq) |
| Filing 38 MOTION to withdraw by attorneys Cary Ichter and David Joel Marmins as attorney for American Phone. (aaq) |
| Terminated submissions. (aaq) |
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Filing 37
ORDER by Judge Beverly B. Martin GRANTING the [33-1] motion for relief from Judgment and VACATING the [32-1] judgment and [31-1] order DISMISSING this matter for want of prosecution and the parties failure to obey. This matter shall remain administratively terminated until such time as the arbitration of this matter is concluded and at that time will only be reopened if a party seeks to have the results of the arbitration confirmed, modified, or vacated or to take some other action in accordance with the terms of the Federal Arbitration Act. (cc) (aaq)
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| Filing 36 Reply brief in support of the [33-1] motion for relief from Judgment by plaintiff. (aaq) |
| Filing 35 Amendment by defendant to correct exhibits to its [34-1] response. (aaq) |
| Filing 34 Response by defendant in opposition to the [33-1] motion for relief from Judgment. (aaq) |
| SUBMITTED to Judge Beverly B. Martin on the [33-1] motion for relief from Judgment. (aaq) |
| Filing 33 MOTION by plaintiff for relief from Judgment. (aaq) |
| Filing 32 JUDGMENT ENTERED dismissing the action for want of prosecution. (cc) (aaq) |
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Filing 31
ORDER by Judge Beverly B. Martin, DISMISSING this matter for want of prosecution and for the parties failure to obey the [28-1] lawful order of this court. (cc) (aaq)
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| Case terminated. (aaq) |
| Filing 29 Response by defendant in opposition to the [27-1] motion to stay proceedings at American Arbitration Association. (aaq) |
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Filing 28
ORDER by Judge Beverly B. Martin DENYING [23-1] motion for reconsideration of the [21-1] order compelling arbitration by American Phone, DENYING [23-2] motion for issuance of a certificate of immediate review by American Phone, denying as moot the [23-3] motion for stay. by American Phone, denying as moot the [27-1] motion to stay proceedings at American Arbitration Association. by American Phone. As a noted in the Court's previous order, the parties are Directed to file a report as the status of arbitration w/i 90 days of the docketing of the original order compelling arbitration and each 90 days thereafter until the conclusion of the arbitration (cc) (jph)
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| Terminated submissions. (jph) |
| Filing 30 Certified copy of ORDER of USCA DISMISSING the [22-1] appeal USCA dkt no. 01-15390-F pursuant to the appellant's motion for voluntary dismissal. (aaq) |
| Filing 27 Ex-Parte MOTION by plaintiff to stay proceedings at American Arbitration Association. (aaq) |
| SUBMITTED to Judge Beverly B. Martin on the [23-1] motion for reconsideration of the [21-1] order compelling arbitration, [23-2] motion for issuance of a certificate of immediate review and [23-3] motion for stay. (aaq) |
| Filing 26 Response by defendant in opposition to plaintiff's [23-1] motion for reconsideration of the [21-1] order compelling arbitration, [23-2] motion for issuance of a certificate of immediate review and [23-3] motion for stay. (aaq) |
| USCA acknowledgment of Pla's withdrawal of Notice of Appeal. RE: [22-1] appeal (jlm) |
| Filing 25 Acknowledgment by USCA RE: [22-1] appeal USCA dkt no. 01-15390-F (jlm) |
| Filing 24 Withdrawal by plaintiff of the [22-1] appeal. (cc to US Court of Appeals.) (aaq) |
| Filing 23 MOTION by plaintiff for reconsideration of the [21-1] order compelling arbitration , or in the alternative for issuance of a certificate of immediate review and for stay. (aaq) |
| Notice of appeal, order and certified copy of docket to USCA RE: [22-1] appeal (jlm) |
| Filing 22 NOTICE OF APPEAL by plaintiff from [21-1] order. FILING FEE $ 105.00 RECEIPT # 477238. Appeal information sheet due 10/3/01. (cc:USCA) (jlm) |
| Plaintiff's copy of the [21-1] order returned undeliverable. (aaq) |
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Filing 21
ORDER by Judge Beverly B. Martin GRANTING the [16-1] motion to stay proceedings and the [16-2] motion to compel arbitration. The parties are DIRECTED to file a report as the status of the arbitration within 90 days of the docketing of this order, and each 90 days thereafter until the conclusion of the arbitration. (cc) (aaq) Modified on 10/01/2001
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| Terminated submissions. (aaq) |
| Filing 20 Reply brief in support of the [16-1] motion to stay proceedings and the [16-2] motion to compel arbitration by defendant. (aaq) |
| Filing 19 Memorandum by plaintiff American Phone in opposition to defendantt's [16-1] motion to stay proceedings and [16-2] motion to compel arbitration (aaq) |
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Filing 18
CONSENT ORDER by Judge Beverly B. Martin, extending time thru 5/23/01 for pla to respond to [16-1] motion to stay proceedings and [16-2] motion to compel arbitration. This being the second consent order entered for the purpose of delaying the time for pla's response, NO FURTHER EXTENSIONS WILL BE GRANTED. (cc) (adg)
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| SUBMITTED to Judge Beverly B. Martin on [16-1] motion to stay proceedings and [16-2] motion to compel arbitration (aaq) |
| Proposed Consent Order extending time to 05/23/01 for plaintiff to respond to defendant's motion to stay. (to BBM) (aaq) |
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Filing 17
CONSENT ORDER by Judge Beverly B. Martin, extending time to 05/09/01 for plaintiff to respond to defendant's [16-1] motion to stay proceedings and [16-2] motion to compel arbitration. The parties shall not serve additional written discovery, take depositions or file motions to compel discovery prior to plaintiff's response to defendant's motion. (cc) (aaq)
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| Filing 16 MOTION by defendant to stay proceedings and to compel arbitration with memorandum in support. (aaq) |
| Filing 15 Attorney appearances for defendant/counter-claimant Qwest Communications by James David Dantzler Jr. and John P. Hutchins. (aaq) |
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ENDORSED ORDER by Judge Beverly B. Martin APPROVING [14-1] pro hac vice applications of Neil S. Ende and Alexandre B. Bouton for plaintiff. (cc) (aaq)
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| Filing 14 Application for admission of Alexander B. Bouton and Neil S. Ende pro hac vice for plaintiff and counter-defendant American Phone (to BBM) (aaq) |
| Filing 13 TELE-CONFERENCE HELD before Judge Beverly B. Martin on defendant's [12-1] motion for protective order regarding 30(b)(6) deposition. A verbal Order granted defendant's motion. Counsel for plaintiff directed to begin production of documents pursuant to defendant's discovery requests as soon as possible. (aaq) |
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VERBAL ORDER by Judge Beverly B. Martin GRANTING [12-1] motion for protective order regarding 30(b)(6) deposition. (aaq)
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| Filing 12 MOTION by defendant for protective order regarding 30(b)(6) deposition with memorandum in support. (aaq) |
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Filing 11
ORDER by Judge Beverly B. Martin GRANTING [10-1] joint motion to extend time to 05/26/01 for discovery. Discovery ends 5/26/01 (cc) (aaq) Modified on 10/01/2001
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| Filing 10 Joint MOTION to extend time to 05/26/01 for discovery (to BBM) (aaq) Modified on 02/23/2001 |
| Filing 9 Notice of substitution of counsel and name and address change of Cabaniss, Conroy & McDonald, LLP to Long, Aldridge & Norman, LLP for attorneys Boorman and Reed for defendant Qwest Communications, Inc. (aaq) Modified on 02/22/2001 |
| Filing 8 Certificate of interested persons by defendants only. (to BBM) (aaq) |
| Filing 7 Certificate of interested persons by plaintiff. (to BBM) (aaq) |
| Filing 6 ANSWER by American Phone to counterclaim [5-2] . (aaq) |
| Filing 5 ANSWER by Qwest Communications to complaint [1-1] and COUNTERCLAIM against American Phone. Discovery ends 2/23/01 (aaq) |
| Filing 4 CONSENT ORDER approved by the deputy clerk extending time for defendant to answer [1-1] complaint Answer due 9/27/00 for Qwest Communications (cc) (aaq) Modified on 09/19/2000 |
| Filing 3 Return of service executed 8/24/00 as to Qwest Communications on original complaint (aaq) |
| Filing 2 ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aaq) |
| Filing 1 COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 459052 (aaq) |
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